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    (US) Who Owns the Crypto: Bankruptcy Court Rules That Customers Do Not Own The Deposited Crypto
    2023-11-29

    Who owns cryptocurrency held by a cryptocurrency exchange? Do the cryptocurrency assets belong to the customers who deposited the crypto with the exchange, or do the cryptocurrency assets belong to the exchange itself? The answer to this question will have huge significance, both in terms of creditor recoveries as well as preferential transfer liability exposure.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Insolvency figures soar: here’s what you need to know
    2023-11-29

    Businesses worldwide are feeling the pressure of historic inflation and rising interest rates. UK insolvencies have reached their highest level since 2009, while numbers are also increasing in Australia, Canada and China.

    This article examines the latest restructuring and insolvency trends – including zombie companies, landmark court decisions, and new legislation in Canada and the EU.

    ‘Zombie companies’ could lead to a wave of insolvencies

    Filed under:
    Australia, Canada, China, European Union, Global, Hong Kong, Singapore, Spain, United Kingdom, USA, Insolvency & Restructuring, Lexology, Blockchain, Cryptocurrency, Insolvency, European Commission, HM Revenue and Customs (UK), Corporate Insolvency and Governance Act 2020, Chapter 11, US Bankruptcy Code, Supreme Court of the United States, Singapore High Court
    Authors:
    Caitlin Goodier
    Location:
    Australia, Canada, China, European Union, Global, Hong Kong, Singapore, Spain, United Kingdom, USA
    Firm:
    Lexology
    (US) Delaware Bankruptcy Court Strikes Down Global Rockport Settlement
    2023-11-30

    A consensual resolution among all stakeholders is an important goal of any bankruptcy proceeding. But how can parties reach a consensual deal if financing is drying up quickly and the prospect of confirming a plan is grim? That was the issue facing the Rockport debtors (the “Debtors”) in their Delaware bankruptcy cases styled In re The RP Co. Liquidating, LLC. In this case, the Debtors filed a motion asking the bankruptcy court to approve a global settlement (the “Settlement”) with all parties-in-interest—except the Office of the United States Trustee (the “U.S. Trustee”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Key trends shaping the landscape of private wealth disputes
    2023-11-30

    In this article we explore the key trends which are currently shaping the landscape of private wealth disputes, including mental capacity as a central theme in private wealth disputes, trust insolvency and disputes relating to trustee investments.

    Mental capacity

    Mental capacity is increasingly a central theme on the landscape of private wealth disputes. Why? The starting point is that there is, more so than at any point previously, a wider recognition of the seismic consequences of establishing mental incapacity on the part of the relevant decision maker.

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Non-profit Organizations, Private Client & Offshore Services, Mourant, Private equity
    Authors:
    Stephen Alexander
    Location:
    Jersey
    Firm:
    Mourant
    Insolvency upswing - the surge in company dissolutions and the residual assets dilemma
    2023-11-30

    Between 1 April and 30 June 2023, there were 6,342 registered company insolvencies, which is the highest number of insolvencies since the second quarter of 2009, and a 9% increase on the previous quarter of 2023.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Companies Act 2006 (UK)
    Authors:
    Ellen Gordon
    Location:
    United Kingdom
    Firm:
    Dentons
    Family Businesses in Financial Stress: Acts of Desperation and Bankruptcy
    2023-11-30

    Desperate people do desperate things. And desperation leads even good people astray.

    So it is in the world of financial stress. Desperate people do desperate things: like providing sloppy financial statements to creditors, failing to assure that all collateral proceeds go to the proper place, and fudging on the truth here-and-there.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Koley Jessen PC
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Dominican Republic: Law 141-15’s Challenges and Application
    2023-11-27

    Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza

    This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

    Filed under:
    Dominican Republic, Compliance Management, Insolvency & Restructuring, Litigation, Global Restructuring Review
    Location:
    Dominican Republic
    Firm:
    Global Restructuring Review
    Bermuda: Insolvency in a Consistently Reliable Restructuring Jurisdiction
    2023-11-27

    John Wasty, John Riihiluoma, Lalita Vaswani and James Batten, Appleby

    This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Bermuda, Company & Commercial, Insolvency & Restructuring, Litigation, Global Restructuring Review, Supply chain, Liquidation, Insolvency, Judicial Insolvency Network
    Location:
    Bermuda
    Firm:
    Global Restructuring Review
    Investment Fund Activity in US Debt Restructurings
    2023-11-27

    Elizabeth McColm, Brian Bolin and Mitchell Mengden, Paul Weiss Rifkind Wharton & Garrison

    This is an extract from the 2024 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

    Filed under:
    USA, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Global Restructuring Review, Private equity, US Securities and Exchange Commission
    Location:
    USA
    Firm:
    Global Restructuring Review
    Lenders, Did Someone Move the Goalposts?
    2023-11-27

    Monitoring Winding up Petitions

    While not an everyday occurrence, a company being issued with a winding up petition is an eventuality that all providers of finance, whether on a secured or unsecured basis, will prepare for.

    From a contractual perspective, facility agreements will include specific monitoring information covenants as part of the core relationship housekeeping, supported by a hard backstop of event of default triggers, with rights for debt acceleration, and (if applicable) security enforcement operating in tandem from that point.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    John Alderton , Tom Telford , Russ Hill , Matthew Ingram , Monika Lorenzo-Perez , Roy Grist , Jon Lent , Charlotte Møller , Devinder Singh , Paula Laird , Vanessa Stuart
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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