Re Ocean Tankers (Pte) Ltd (in liquidation) [2023] SGHC 330
The Singapore High Court recently ruled on issues relating to the assignability of claims, coverage of non-assignment clause and insolvency set-off.
Facts
The Lindahl tax team summarises two items of good news in the sphere of tax that arise in the case of restructurings: the proposal by the Ministry of Finance concerning new rules on deductions for previous years’ losses and a ruling from the Supreme Administrative Court stating that refusing interest deductions for intra-group acquisitions of shares is contrary to EU law in some cases.
PROPOSAL FOR NEW RULES ON DEDUCTIONS FOR PREVIOUS YEARS’ LOSSES
There is a growing trend of bankruptcy courts approving structured dismissals of chapter 11 cases following a successful sale of a debtor’s assets under section 363 of the Bankruptcy Code. A structured dismissal is a cost‑effective way for a debtor to exit chapter 11 and is an alternative to (a) confirming a post‑sale liquidating plan, which is expensive and not always viable, or (b) converting the case to chapter 7, which introduces significant uncertainty and unpredictability with the appointment of a chapter 7 trustee to replace management.
The Grand Court of the Cayman Islands recently confirmed expressly for the first time that it has jurisdiction to wind up a segregated portfolio company ("SPC") on the insolvency of one or more, but not all, of its segregated portfolios, and to appoint restructuring officers over those segregated portfolios. The judgment is In the matter of Holt Fund SPC
Background
Following our previous alert, in which we highlighted an issue with entries relating to registered security maintained at Companies House being incorrectly updated to indicate that they had in fact been discharged without the aware
Introduction
Background
On 12 March 2024, the Court dismissed an application by the Petitioner to reverse the adjudication of the Joint and Several Liquidators (“Liquidators”) over its proof of debt, which was based on a default judgment obtained against the Company (“POD”).
On March 11, 2024, the Alberta Government released two Regulations: the Market Power Mitigation Regulation (MPM Regulation) and the Supply Cushion Regulation (the Supply Cushion Regulat
I recently heard politicians on all sides of the political divide agree on one thing as self-evident:
- that bankruptcy abuse by “fabulously wealthy corporations” is rampant; and
- Johnson & Johnson is a prime example of that abuse.
Those partisans also agree on this point (again, as self-evident): that every mass tort victim is entitled to his/her:
- day in court; and
- before a jury of peers.
That’s the Civics 101 ideal, right?
Widely Disparate Results
China City Construction Holding Group Co Ltd -v- Patrick Cowley and Lui Yee Man, Joint and Several Liquidators of China City Construction (International) Co Ltd [2024] HKCFI 219
The Hong Kong Court of First Instance (the Court) has examined the issue of the scope of information required to be disclosed by liquidators to creditors and whether the Court should exercise its discretion to order discovery if it is just and beneficial to do so.