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    Chapter 11 and CCAA: A Cross-Border Comparison
    2025-02-11

    Navigating the complexities of cross-border bankruptcy and insolvency proceedings can be daunting for international businesses. This demystifying guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’ Creditors Arrangement Act (CCAA), highlighting each jurisdiction’s unique processes and requirements.

    Filed under:
    Canada, Insolvency & Restructuring, Blake, Cassels & Graydon LLP, Insolvency
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Norman Hay Plc (in Member’s Voluntary Liquidation) v Marsh Ltd
    2025-02-11

    Introduction

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, 4 New Square
    Authors:
    Graham Chapman KC , Nicholas Broomfield , Marie-Claire O’Kane , Diarmuid Laffan
    Location:
    United Kingdom
    Firm:
    4 New Square
    Choosing the Correct Door: NCLAT Clarifies Jurisdiction for Insolvency of Personal Guarantors
    <br>
    2025-02-11

    The National Company Law Appellate Tribunal, New Delhi (“NCLAT”), has clarified and resolved the ambiguity surrounding the question of jurisdiction of the National Company Law Tribunal (“NCLT”) to entertain insolvency applications against personal guarantors where no corporate insolvency resolution process (“CIRP”) is pending against the corporate debtor. The issue was addressed through a recent judgment dated January 23, 2025, in Anita Goyal vs. Vistra ITCL (India) Ltd.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Insolvency, National Company Law Tribunal
    Authors:
    Animesh Bisht , Aniruddh Gambhir
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    Setting a Precedent: Jersey's First Wrongful Trading Order
    2025-02-11

    A note on In the matter of Restore Builders Limited En Désastre [2024] JRC 290.

    The Royal Court of Jersey has recently held, for the first time, that the actions of a Jersey company director constituted wrongful trading and ordered that he be personally liable for the company's debts and disqualified as a director for ten years.

    Introduction

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Mourant Ozannes
    Authors:
    Bruce Lincoln , Jon Woolrich , Stephan Venter
    Location:
    Jersey
    Firm:
    Mourant Ozannes
    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

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