On June 19, 2024, the Insolvency and Bankruptcy Board of India (IBBI) released a discussion paper proposing to bring in significant amendments to the IBBI (Insolvency Resolution Process for Corporate Process) Regulations, 2016 (CIRP Regulations), aiming to streamline the process, enhance its effectiveness and reduce delays.[1] It complements the plan, unveiled earlier this month, to reduce the compliance burden on insolvency professionals.
Federal Law Decree No 51 of 2023 concerning Financial Restructuring and Bankruptcy (the New Bankruptcy Law) came into effect in the UAE on 1 May 2024 and repealed the previous bankrupcty law, Federal Decree Law No 9 of 2016 (the Old Bankruptcy Law). All regulations issued under the Old Bankruptcy Law remain in force until new regulations are published, which will further clarify a number of points.
Deal structure matters, particularly in bankruptcy. The Third Circuit recently ruled that a creditor’s right to future royalty payments in a non-executory contract could be discharged in the counterparty-debtor’s bankruptcy. The decision highlights the importance of properly structuring M&A, earn-out, and royalty-based transactions to ensure creditors receive the benefit of their bargain — even (or especially) if their counterparty later encounters financial distress.
Background
Contractor insolvencies are continuing in the construction industry in 2024. This follows recent challenges relating to supply chain issues, labour shortages, and increased material costs. Such challenges are part of the broader macroeconomic climate of high inflation and interest rates.
We outline below steps that a Principal can take at different stages of a project to mitigate the impact of Contractor insolvency on its project, and to protect its interests.
Key takeaways
Die maßgeschneiderte Sanierungslösung für den Fußballverein in der Krise ist elementar für den zukünftigen Erfolg.
The Hon’ble Supreme Court (“H SC”) in the matter of Global Credit Capital Limited & Anr v. Sach Marketing Private Limited & Anr[i] has passed common judgement wherein it has upheld the order of National Company Law Appellate Tribunal which categorized lenders as financial creditors for the purpose of Insolvency & Bankruptcy Code, 2016 (“Code”).
Factual Aspect:
The securitization or structured finance market has evolved from its early origins focused primarily on financial assets (e.g., mortgages, receivables, loans credit card accounts, etc.) to the world of non-traditional or esoteric securitizations with exciting new assets.
Das StaRUG eignet sich insbesondere für finanzielle, weniger für personelle, Restrukturierungen
Das Gesetz über den Stabilisierungs- und Restrukturierungsrahmen für Unternehmen,kurz „StaRUG″ ist zum 1. Januar 2021 in Kraft getreten und setzt die sog. Restrukturierungsrichtlinie (Richtlinie [EU] 2019/1023) um.
The Court of Appeal has, in Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10 (OP3 International), comprehensively considered the contours of a director’s duty to consider the interest of creditors in certain circumstances (Creditor Duty). In this important decision, the apex court examined when the Creditor Duty first becomes engaged as well as the nature, scope and content of the duty.
Hector Robinson KC
Partner | Cayman Islands
Justine Lau
Partner | Hong Kong
Nicholas Fox
Partner | Cayman Islands
Peter Hayden
Partner | Cayman Islands
Simon Dickson
Partner | Cayman Islands
Guide
This guide examines what a creditor needs to know about liquidating an insolvent Cayman company under the Cayman Companies Act (2020 Revision) and the Companies Winding Up Rules, 2018.