Article 319(1) of the UAE Civil Procedure Law authorises an execution judge to imprison a debtor who fails to satisfy a judgment debt, unless the debtor is able to prove that he is insolvent.
City Hall
City Council Passes Dozens of Bills, Resolutions During Last Meeting of 2023 Session
The well-publicised restructuring of the Galapagos group (the group) in 2019 spawned multiple challenges by stakeholders in the courts of a number of different jurisdictions. The latest decision of the English High Court considers the interpretation of the Distressed Disposal provision within an LMA-form intercreditor agreement (ICA) following a challenge by subordinated noteholders (the noteholders) to the validity of the release of their claims as part of the wider restructuring.
When a majority of a company’s board approves a tender offer in good faith, can it still be avoided as an actually fraudulent transfer? Yes, says the Delaware Bankruptcy Court, holding that the fraudulent intent of a corporation’s CEO who was a board member and exercised control over the board can be imputed to the corporation, even if he was the sole actor with fraudulent intent.
Background
1. Introduction
The recently reported decision of ICC Judge Greenwood in Grove Independent School Ltd, Re [2023] EWHC 2546 (Ch) (Grove) provides some clarity on the test to be applied by the court in deciding whether to exercise discretion to grant an order for a Part A1 moratorium. In this case, the company in question was also faced with a winding-up petition, presented by His Majesty's Revenue & Customs (HMRC).
December 2023
The Right of Set-off in Insolvency Proceedings
MAYER BROWN | THE RIGHT OF SET-OFF IN INSOLVENCY PROCEEDINGS
The Bankruptcy Amendment (Discharge from Bankruptcy) Bill 2023 (“Bill”) has been agreed to by both the House of Representative and the Senate and will now be presented to the Governor-General.
The Bill seeks to amend the Bankruptcy Act 1966 (Cth) (“the Act”) to provide legal certainty on the calculation of bankruptcy discharge dates, aligning the Act with current practices, by confirming that the discharge date is determined from when the Statement of Affairs is accepted, rather than when it was initially presented.
Why the change?
During summer 2023 the Swedish Government Official Report (SOU 2023:34) (the “Report”) was published proposing, inter alia, the removal of the requirements of a limited liability company to prepare a control balance sheet (Sw. Kontrollbalansräkning) and eventually enter into liquidation upon shortage of own capital. Instead, the suggestion was that the emphasis should be shifted more towards liquidity and solvency. The Report has now been through a referral process and by 15 December 2023 various referral bodies had submitted their responses to the Report.