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    Steuerliche Besonderheiten in der Liquidation
    2024-06-11

    Insbesondere in Restrukturierungsfällen kann es erforderlich sein, einzelne Konzerngesellschaften abzuwickeln. Hierbei sind einige Besonderheiten zu beachten.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, CMS Germany
    Authors:
    Niklas Lütcke , Jonathan Simon , Dr. Annett Kenk
    Location:
    Germany
    Firm:
    CMS Germany
    Asset recovery: Can foreign receivers access Swiss assets?
    2024-06-11

    Switzerland has a reputation for high-quality banking – holding significant foreign assets and offering a fairly pro-enforcement regime. However, gaps between the different legal cultures means recovering Swiss assets to satisfy foreign judgments from common law jurisdictions may be difficult . Here, we investigate possible solutions.

    Supreme Court Case 5A_999/2022 dated 20 February 2024

    Filed under:
    Global, Switzerland, Company & Commercial, Insolvency & Restructuring, Litigation, LALIVE, Asset recovery, European Free Trade Association
    Authors:
    Benoît Mauron , Alexandre Schwab , Pierre-Henri Schwarzen
    Location:
    Global, Switzerland
    Firm:
    LALIVE
    Clarification of the “Pending Dues” position under the Insolvency Bankruptcy Code Regime
    2024-06-11

    The Insolvency and Bankruptcy Code, 2016 ("the Code" & “IBC”) has been widely acclaimed as a transformative legislative framework in India, representing a significant departure from previous insolvency laws by emphasizing efficient resolution processes and the professionalization of insolvency services.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Anhad Law, Insolvency, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Dhruv Gandhi , Deepam Rangwani
    Location:
    India
    Firm:
    Anhad Law
    Judgment handed down in Re BHS Group Ltd
    2024-06-11

    The much-anticipated BHS judgment is here.

    For those without the time to digest all 533 pages immediately, we have summarised the key points below:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wilberforce Chambers, Liquidator (law)
    Authors:
    Lexa Hilliard KC , Rachael Earle
    Location:
    United Kingdom
    Firm:
    Wilberforce Chambers
    Efficient Strategies for Expeditious Recoveries of Monetary dues in India
    2024-06-11

    Introduction

    In the dynamic and rapidly evolving global marketplace, particularly in fast-growing economies like India, there are ever-growing commercial transactions amongst entities within India as also in international transactions amongst entities within India and outside of India.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, R&D Law Chambers, Insolvency, National Company Law Tribunal
    Authors:
    Ravish Bhatt
    Location:
    India
    Firm:
    R&D Law Chambers
    Supreme Court Confirms Insurers’ Right to Participate in Bankruptcy Proceedings
    2024-06-11

    On June 6, 2024, the Supreme Court of the United States issued its much-anticipated decision in Truck Insurance Exchange v. Kaiser GypsumCo., Inc., et al. No. 22-1079. In a unanimous decision authored by Justice Sotomayor,1 the Court vacated a Fourth Circuit decision and ruled in favor of Truck Insurance Exchange, confirming that an insurer with financial responsibility for a bankruptcy claim is a "party in interest" and therefore has standing to object to a Chapter 11 plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Willkie Farr & Gallagher LLP, Supreme Court of the United States
    Authors:
    Christopher J. St. Jeanos , Joseph G. Davis , Jennifer Hardy , Charles Dean Cording , Patricia O. Haynes
    Location:
    USA
    Firm:
    Willkie Farr & Gallagher LLP
    Mauritius: Administrators appointed to wind up limited life companies to now abide by the provisions of the Insolvency Act
    2024-06-14

    Overview

    Filed under:
    Mauritius, Insolvency & Restructuring, Bowmans
    Authors:
    Nafiisah Jeehoo , Rajiv Gujadhur , Sadia Soodeen
    Location:
    Mauritius
    Firm:
    Bowmans
    Sub V Task Force Report In A Nutshell: Part 7—$7,500,000 Debt Cap
    2024-06-13

    On April 23, 2024, the American Bankruptcy Institute’s Subchapter V Task Force issued its Final Report.

    This article is the seventh in a series summarizing and condensing the Task Force’s Final Report into “a nutshell.” The subject of this article is:

    • whether the $7,500,000 debt cap for Subchapter V eligibility should remain or revert to an interest-adjusted $3,024,725.

    Recommendation

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Koley Jessen PC, Bankruptcy, American Bankruptcy Institute
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Application was Indirect Attempt to Enforce Foreign Revenue Debt
    2024-06-13

    Redefine Australian Investments Limited (Company), an Irish-registered company was placed in voluntary liquidation on 24 January 2018. Martin Ferris was appointed as the liquidator (Liquidator).

    The Proceedings

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, Litigation, William Fry
    Authors:
    Laura Murdock , Paul Convery , Sarah Plunkett
    Location:
    Ireland
    Firm:
    William Fry
    Quick Updates From the UK and Europe
    2024-06-13

    There's been a flurry of regulatory activity in the UK and Europe over the past few weeks. Here's a look at the highlights.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, Cadwalader Wickersham & Taft LLP, Libor, ESG, Financial Conduct Authority (UK), International Organization of Securities Commissions, Solvency II Directive (2009/138/EU)
    Authors:
    Alix Prentice
    Location:
    European Union, United Kingdom
    Firm:
    Cadwalader Wickersham & Taft LLP

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