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    Nardelli v Richardson [2024] EWHC 2740 (Ch) - The difficulties and hurdles in removing insolvency officeholders
    2025-02-11

    Overview

    In a very litigious and long-running saga concerning some land near Bicester, a recent judgment involved parties applying to remove the Administrators.

    In summary:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, DAC Beachcroft LLP
    Authors:
    Kevin Hawthorn , Daniel Stephens
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft LLP
    ML Covered - February 2025
    <br>
    2025-02-10

    We are pleased to share our latest instalment of ML Covered, our monthly round-up of key events relevant to those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.

    Insolvency Service publishes its 2024/25 enforcement actions against directors

    The Insolvency Service has published its enforcement outcomes for 2024-25, detailing the enforcement actions taken against directors. The information is not for the entire year but covers the period between April 2024 to December 2024.

    Filed under:
    India, United Kingdom, Insolvency & Restructuring, Litigation, RPC, Sexual harassment, Non-disclosure agreement, Workplace harassment, Artificial intelligence, Gig economy, Cybersecurity, Insolvency, Insolvency Service (UK), UK Supreme Court
    Authors:
    Rachael Healey , Matthew Watson , Kim Wright , Zoe Melegari , Andrew Oberholzer , Charlotte Bray
    Location:
    India, United Kingdom
    Firm:
    RPC
    New Year, New Era for Efficient European Businesses - Navigating Cross-Border Restructurings
    2025-02-07

    Irish companies can now avail of various methods with which to merge, migrate or spin off all - or portions of - their businesses with other European Union (“EU”) limited liability companies. In our experience, these restructuring tools can be particularly useful for global post-acquisition integration, carve-out, spin-off or rationalisation projects. This has been made possible by an EU directive introduced into Irish law on 24 May 2023 by the European Union (Cross-Border Conversions, Mergers and Divisions) Regulations 2023 (the “Regulations”).

    Filed under:
    European Union, Ireland, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Matheson, Central Bank of Ireland, Competition and Consumer Protection Commission (Ireland)
    Location:
    European Union, Ireland
    Firm:
    Matheson
    Vietnam’s Government Restructuring: Key Changes and Implications for Businesses
    2025-02-07

    Vietnam’s political system is currently undergoing a significant reorganization to streamline government operations and improve efficiency. In this regard, Plan 141/KH-BCDTKNQ18, issued on December 6, 2024, provided guidelines on the restructuring of existing ministries, ministerial-level agencies, and government-affiliated agencies. Accordingly, the number of ministries is being reduced from 18 to 14 through mergers and consolidations and the establishment of a new Ministry of Ethnic and Religious Affairs.

    Filed under:
    Vietnam, Insolvency & Restructuring, Public, Tilleke & Gibbins, Cybersecurity
    Authors:
    Tram Ngoc Bich Nguyen , Tan Nhat Truong Phan
    Location:
    Vietnam
    Firm:
    Tilleke & Gibbins
    Ashurst Restructuring Roundup
    2025-02-07

    Terminating DoCA's (Part 3) – Administrators' Casting Vote

    Commissioner of State Revenue v McCabe (No. 2) [2024] FCA 662 ("McCabe")

    IMO Academy Construction & Development Pty Limited [2024] NSWSC 808 ("Academy Construction")

    Summary

    Where there is a deadlock between the majority in value of creditors and those creditors with a majority in number on the vote for a DoCA, the administrator has a casting vote.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ashurst
    Authors:
    Richard Fisher , Alinta Kemeny , Bernie Walrut , Camilla Clemente , Emanuel Poulos , James Marshall , Jason Salman , Michael Sloan , Ross McClymont , Richard Johnson
    Location:
    Australia
    Firm:
    Ashurst
    BAPCPA: Extremely Harsh On Student Loans (Brunner & Briscoe)
    2025-02-06

    Before 1998, (i) all student loans from for-profit lenders were dischargeable in bankruptcy, but (ii) student loans backed by the federal government or from non-profits were dischargeable in only these circumstances:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy Abuse Prevention and Consumer Protection Act 2005 (USA)
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    What Types of Releases Are Contained in a Chapter 11 Plan, and Do I Have to Agree to Them?
    2025-02-06

    Chapter 11 plans contain various releases -- some in favor of the debtor and some in favor of certain nondebtor third parties. However, while creditors are bound by a Chapter 11 discharge, creditors have options for how to deal with a plan's third-party release.

    Key Issues

    CHAPTER 11 DISCHARGE

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper Locke, Supreme Court of the United States
    Location:
    USA
    Firm:
    Troutman Pepper Locke
    Supreme Court Resolves Regulatory Ambiguity between IBC and Competition Act
    2025-02-06

    The Competition Act, 2002 mandates the Competition Commission of India (“CCI”) to regulate large sized mergers and acquisitions beyond high value thresholds (in terms of assets or turnovers) prescribed for “combinations” under the Competition Act, 2002 (“the Act”) to assess whether such transactions could adversely affect competition in the relevant markets, It is an exante process which requires a deep and forwardlooking economic analysis of the competition scenario likely to emerge post such proposed combination.

    Filed under:
    India, Competition & Antitrust, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    M M Sharma
    Location:
    India
    Firm:
    Vaish Associates Advocates
    Legal update on cryptocurrency liquidation case
    2025-02-06

    Following the High Court’s landmark case in 2023 where cryptocurrency was recognised by the Court as property and could form a subject matter of a trust, the High Court recently further clarified the trust relationship between exchanges and their customers. Non-Consenting Customers (NCCs) who did not accept the 2018 Terms and Conditions (T&C) were found to have a proprietary interest in their assets, giving them priority in the liquidation process. Conversely, customers who had agreed to the T&Cs were treated as unsecured creditors.

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Liquidation, Due diligence, Cryptocurrency
    Authors:
    Jonathan Chu , Mengyi Chen , Eugene Wong
    Location:
    Hong Kong
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Insolvenzforderung vs. Masseforderung
    2025-02-06

    Ist der Vertragspartner insolvent, stellt sich die Frage nach der Einordnung der offenen Forderungen: Insolvenzforderung oder Masseverbindlichkeit?

    Ob man Insolvenz- oder Massegläubiger ist, spielt vor allem wegen der fast immer unterschiedlichen Befriedigungsquote eine große Rolle: Insolvenzforderungen werden nur in Höhe der (meist geringen) Insolvenzquote bedient, während Masseverbindlichkeiten (häufig auch als Masseforderung bezeichnet) grundsätzlich in voller Höhe vorab aus der Insolvenzmasse befriedigt werden.

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Litigation, CMS Germany
    Authors:
    Dr. Alexandra Schluck-Amend , Franziska Fuchs
    Location:
    Germany
    Firm:
    CMS Germany

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