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    The Cayman Grand Court confirms its wide discretion on a Supervision Application
    2023-10-13

    On 6 October 2023, Parker J handed down his reasons for dismissing an application to bring the voluntary liquidation of Port Link GP Ltd, General Partner (GP) of The Port Fund L.P. (TPF) under the supervision of the Grand Court pursuant to section 124 of the Companies Act. (Section 124)

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Ogier, Liquidation
    Authors:
    Harry Clark , Deborah Barker Roye , Rachael Reynolds KC , Jennifer Fox
    Location:
    Cayman Islands
    Firm:
    Ogier
    Amendments to the Corporate Insolvency Resolution Process
    2023-10-16

    On September 18, 2023, the Insolvency and Bankruptcy Board of India (“IBBI”) notified the IBBI (Insolvency Resolution Process for Corporate Persons) (Second Amendment) Regulations, 2023 (“CIRP Amendment Regulations”) amending the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (“CIRP Regulations”) under the Insolvency & Bankruptcy Code, 2016 (“IBC”).

    In a nutshell, the CIRP Amendment Regulations:

    Filed under:
    India, Insolvency & Restructuring, JSA, Insolvency, Insolvency and Bankruptcy Board of India, National Company Law Tribunal
    Authors:
    Dheeraj Nair , Vishrutyi Sahni
    Location:
    India
    Firm:
    JSA
    A resolution plan cannot negate any third-party security provided by the corporate debtor
    2023-10-16

    In the recent case of Vistra ITCL (India) Limited & Ors. v. Mr. Dinkar Venkatasubramanian & Anr., the Supreme Court re-affirmed the legal position that persons who are merely beneficiaries of security by a corporate debtor do not qualify as financial creditors in the corporate insolvency resolution process (“CIRP”) of the corporate debtor. However, the Supreme Court also held that a resolution plan cannot dilute the security interest provided by the corporate debtor in favour of such beneficiaries.

    Brief Facts

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Aashit Shah , Malika Tiwari
    Location:
    India
    Firm:
    JSA
    FTC Settles with Bankrupt Crypto Company, but Pursues CEO for Deceptive FDIC Claims
    2023-10-16

    The Federal Trade Commission (FTC) announced it has reached a settlement with the bankrupt crypto company Voyager over the company’s alleged deceptive crypto marketing practices. Specifically, the FTC’s complaint alleges that from at least 2018 until its declaration of bankruptcy in July 2022, Voyager enticed consumers with promises that their deposits were insured by the Federal Deposit Insurance Corporation (FDIC) and were “safe.” However, consumers’ deposits with Voyager were not eligible for FDIC insurance and were not protected in the event that Voyager failed.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Litigation, Venable LLP, Due diligence, Federal Trade Commission (USA), Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    Christopher L. Boone , Max Bonici , Ellen Traupman Berge
    Location:
    USA
    Firm:
    Venable LLP
    Between the lines- October, 2023
    2023-10-16

    October, 2023 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS * Supreme Court: Dissenting opinion of an arbitrator cannot be treated as an award if the majority award is set aside. * Delhi High Court: When there are two interconnected agreements with conflicting arbitration clauses, the clause contained in the main agreement should be given primacy. * Supreme Court: Admission of claims after the resolution plan has been accepted by CoC would result in making CIRP prolonged and inefficacious.

    Filed under:
    India, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Aon, Payment and Settlement Systems Act 2007 (India), Insolvency and Bankruptcy Code (India), Supreme Court of India
    Location:
    India
    Firm:
    Vaish Associates Advocates
    NCLAT: A written financial contract is not mandatory to prove the existence of financial debt under the IBC
    2023-10-16

    In a significant decision, the NCLAT in the case of Agarwal Polysacks Ltd. vs K. K. Agro Foods & Storage has recently held that a written financial contract is not the only basis for proving the financial debt. Financial debt can be proved from other relevant documents such as the balance sheet entries of the financial creditor, the corporate debtor’s balance sheet and the Form 26AS showing TDS deductions on the interest.

    Brief Facts

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Dheeraj Nair , Vishrutyi Sahni
    Location:
    India
    Firm:
    JSA
    Insolvency Now - Business Insolvency on the Rise in Canada: Understanding the Role of AI- Issue 9
    2023-10-12

    ntroduction The priority of governments and financial authorities around the world in 2023, including in Canada, has been to reduce inflation while monitoring and addressing financial sector risks. The Bank of Canada estimates that inflation will likely remain near 3% through 2024, given strong household spending levels supported by tight labour markets, population growth and high levels of accumulated household savings.

    Filed under:
    Canada, Insolvency & Restructuring, IT & Data Protection, Davies Ward Phillips & Vineberg LLP, Mediation, Artificial intelligence, Digital transformation, Machine learning, Insolvency, ChatGPT, Generative AI, Google, Office of the Superintendent of Financial Institutions (Canada), FTX, Silicon Valley Bank
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Absolute Priority Rule And U.S. Supreme Court — A Refresher (Ahlers & 203 North LaSalle)
    2023-10-12

    The absolute priority rule [Fn. 1] has been a problem for businesses in bankruptcy—for a very long time! The rule dates back to at least 1899, when the U.S. Supreme Court prevents certain shareholder actions “until the interests of unsecured creditors have been preserved.” [Fn. 2]

    Since then, the U.S. Supreme Court has followed a long and relatively straight road for the absolute priority rule. And the rule has shown staying power, along that road.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Is Arrowood the next Kemper? The insurance insolvency system is broken
    2023-10-12

    The Kemper/Lumbermens saga

    To refresh everyone’s recollection, this is a report from Business Insurance from March 14, 2010:

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Reed Smith LLP, Receivership
    Authors:
    Ann V. Kramer
    Location:
    USA
    Firm:
    Reed Smith LLP
    Towards the incorporation of Pre-Packs in Peruvian legislation
    2023-10-13

    Peruvian legislation does not formally encompass the possibility of entering into pre-pack agreements with creditors. Nevertheless, it does include other mechanisms that allow companies to reach agreements with creditors prior to the commencement of an insolvency proceeding. In this article, we will provide a introduction to this topic and to insolvency proceedings in Peru.

    I. Introduction

    Filed under:
    Peru, Banking, Insolvency & Restructuring, CMS LatAm
    Authors:
    Victor Farro , Michelle Barclay , Javier Marquez
    Location:
    Peru
    Firm:
    CMS LatAm

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