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    Court of Appeal unanimously upholds appeal from GBP115 million preference judgment arising from the Comet insolvency
    2023-10-20

    Last week marked another instalment in the notorious insolvency of Comet Group plc (Comet) when the Court of Appeal unanimously set aside the decision of the High Court at first instance which, at the time, was claimed to be the largest successful preference claim in value, resulting in Darty Holdings SAS (successor to Kesa International Ltd (KIL)) being ordered to pay approximately GBP90 million to the liquidators of Comet.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, Insolvency
    Location:
    United Kingdom
    Firm:
    DLA Piper
    A Stellar Result for the Sellers of Comet Group Plc - UK Court of Appeal Unanimously Overturns £115m Preference Judgment
    2023-10-19

    The Court of Appeal has unanimously overturned an unlawful preference ruling from the High Court, finding instead that the repayment of inter-company debt did not amount to a preference because, at the time the operative decision to make the repayment occurred, there was no desire to prefer.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Court of Appeal (UK)
    Authors:
    Rebecca Terrace
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    What Do You Do if You Receive a Threat of a Winding Up Petition?
    2023-10-19

    Beware of Demand Letters

    An immediate concern for any company is a threat to present a winding up petition made in an email or letter – regardless of the size of debt, whether the debt is disputed or the company has a counterclaim.

    The consequences of ignoring such a threat can have an immediate and adverse impact on a business. Failure to respond can be used as evidence that the company is unable to pay and that can be used as evidence to support presentation of a winding up petition.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    John Alderton , Russell Hill , Charlotte Møller , Vanessa Stuart
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Pre-Pack procedure: A possible factor in Chilean bankruptcy legislation?
    2023-10-20

    What is the practical application of the "Pre-Pack" procedure?

    The "Pre-Pack" procedure is an option available to a company facing a severe financial situation, but still possesses a profitable business or at least some assets.

    Filed under:
    Chile, Insolvency & Restructuring, CMS LatAm, European Commission
    Authors:
    Rodrigo Campero
    Location:
    Chile
    Firm:
    CMS LatAm
    Cryptocurrency Brings Disruption to Bankruptcy Courts—What Parties Can Expect and the Open Issues Still To Be Resolved (Part Two)
    2023-10-18

    In this second part of our blog exploring the various issues courts need to address in applying the Bankruptcy Code to cryptocurrency, we expand upon our roadmap.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Bitcoin, Cryptocurrency, US Securities and Exchange Commission, Office of Foreign Assets Control (USA), Commodity Futures Trading Commission (USA), Financial Crimes Enforcement Network (USA), Chapter 11, US Bankruptcy Code
    Authors:
    Mark A. Salzberg , Justin Cloyd
    Location:
    USA
    Firm:
    Squire Patton Boggs
    UK Insolvency Statistics Q2 2023: our analysis
    2023-10-18

    Analysis and Commentary on the Insolvency Statistics Q2 2023

    The quarterly insolvency statistics for April to June 2023 show that corporate insolvencies across the UK1 are at a 14-year high.

    Increased insolvencies appear to be continuing with the monthly statistics for both August and September 2023, showing corporate insolvency numbers were higher than the same month last year. July’s figures showed a slight decrease year on year.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, DLA Piper, Coronavirus, Insolvency, HM Revenue and Customs (UK), BBC, Corporate Insolvency and Governance Act 2020
    Authors:
    Jonathan Richards
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Successfully Rescinding a Winding-Up Order
    2023-10-18

    In a case that unfolded on May 1, 2018, the Supreme Court of New South Wales ordered the winding up of Day & Night Online Transport Pty Ltd. This was ordered because of the company’s failure to comply with a statutory demand from a creditor, as outlined in section 459C(2)(a) of the Corporations Act 2001 (Cth). However, what followed was a legal journey that ultimately resulted in the rescission of the winding-up order, shedding light on critical aspects of corporate insolvency and the legal processes involved.

    Background: The Winding-Up Order

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Chamberlains Law Firm, Insolvency, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Stipe Vuleta
    Location:
    Australia
    Firm:
    Chamberlains Law Firm
    Broer v. Multiguide GmbH—Is the Subsequent Conduct of the Parties More Relevant Than You Think in the Context of Shareholder Loans and Disputes?
    2023-10-18

    It has long been established that where the circumstances in which funds are advanced by a shareholder to the company in which they own shares is unclear, the court must consider the "surrounding circumstances" when determining how to characterize the advance. Historically, "surrounding circumstances" were understood to be the circumstances extant at the time the transaction was effected: (e.g., Ghassemvand v. Premium Weatherstripping Inc., 2017 BCCA 309 [Ghassemvand]).

    Filed under:
    Canada, British Columbia, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Bennett Jones LLP, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    David E. Gruber , Geordie Macdonald , Jackson Spencer
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Cineworld: Restructuring goes to Hollywood
    2023-10-18

    Following its acquisition of the Regal cinema chain in the US in 2018, Cineworld, with its English-incorporated parent company, London premium listing and status as a household name in the UK cinema industry, became a truly transatlantic business. Add that to its businesses in Central and Eastern Europe and Israel, and Cineworld is one of the largest cinema chains in the world, operating in 10 countries with 672 sites and 8,181 screens.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Slaughter and May, Companies Act 2006 (UK), Chapter 11, US Bankruptcy Code
    Authors:
    Ian Johnson , Tom Vickers , Harry Hecht , Tim Newey , Joshua Bauernfreund , Katie Kershaw , Claire Cooke
    Location:
    United Kingdom, USA
    Firm:
    Slaughter and May
    Pre-petition settlement agreement not an assumable, assignable, executory contract
    2023-10-18

    In Svenhard’s Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer’s withdrawal liability to a multiemployer pension fund was not an executory contract that could be assumed and assigned to a third-party when that employer subsequently filed for bankruptcy. The decision is instructive for multiemployer funds and employers that negotiate settlement agreements to resolve these types of liabilities.

    Background

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Employee Retirement Income Security Act 1974 (USA), Ninth Circuit
    Authors:
    Neil Shah , Anthony S. Cacace
    Location:
    USA
    Firm:
    Proskauer Rose LLP

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