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    Bay Street Lawyers Beware: U.S. Court Finds Conflict of Interest Representing Debtor and One of Its Major Shareholders in Bankruptcy Proceedings
    2024-06-20

    Many litigators and corporate lawyers view the practice of representing a large shareholder and the company in which it is invested as common practice. In many instances, no conflict of interest will ever materialize such that the shareholder and the company require separate representation. However, in a recent opinion rendered by the United States Bankruptcy Court, Eastern District of Virginia (the “Court”), a large international law firm (the “Firm”) was disqualified from representing Enviva Inc.

    Filed under:
    Canada, Capital Markets, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Private equity
    Authors:
    Steven L. Graff , Jeffrey K. Merk , Shaun F. Parsons
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    High Court finds borrower's security confers floating charge, despite intention of parties to create fixed charge and lender's contractual power to exercise control
    2024-06-20

    The High Court has found that a borrower's debenture granted to a lender in respect of certain internet protocol (IP) addresses was a floating charge.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    John Corrie , John Chetwood , Rachael MacKay , Ceri Morgan , Nihar Lovell
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Non-Settling Insurers Now Have a Seat at the Bankruptcy Table
    2024-06-20

    Justice Sonia Sotomayor delivered the Supreme Court’s unanimous opinion in Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., et al. (Case No. 22-1079) (“Kaiser Gypsum”). Reversing the opinion of the United States Court of Appeals for the Fourth Circuit in In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Gibbons PC, Supreme Court of the United States
    Authors:
    David N. Crapo
    Location:
    USA
    Firm:
    Gibbons PC
    How to Dissolve a Cyprus Company: A Comprehensive Guide
    2024-06-20

    Dissolving a Cyprus company can be a complicated or a straightforward process however it is a procedure that requires careful planning and execution. In Cyprus, this process is governed by the Companies Law, Cap 113, and involves various legal, financial, and administrative steps.

    Filed under:
    Cyprus, Company & Commercial, Insolvency & Restructuring, AGPLAW | A.G. Paphitis & Co. LLC, Liquidation, Insolvency
    Authors:
    Margarita Sofokleous , Myrianthi Papagianni
    Location:
    Cyprus
    Firm:
    AGPLAW | A.G. Paphitis & Co. LLC
    Collective Redundancies Following Insolvency - Enhanced Creditor Protections
    2024-06-20

    The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024Opens in new window (the “Act”) was signed into law by the President on 9 May 2024 and will commence with effect from 1 July 2024.

    Filed under:
    Ireland, Employment & Labor, Insolvency & Restructuring, Litigation, Matheson LLP, Insolvency
    Authors:
    Bryan Dunne , Brendan Colgan , Kevin Gahan , Irene Lynch Fannon
    Location:
    Ireland
    Firm:
    Matheson LLP
    US Supreme Court gives standing to insurers in Chapter 11 bankruptcy proceedings
    2024-06-20

    Opinion has potential implications for a broader set of parties with potential liabilities affected by a Chapter 11 process.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, A&O Shearman, Supreme Court of the United States
    Authors:
    Chris Newcomb , Emanuel Grillo
    Location:
    USA
    Firm:
    A&O Shearman
    A Prepackaged Bankruptcy Could Be the Answer to a Mortgage Default
    2024-06-20

    Chapter 11 bankruptcy has long been thought of as anathema to commercial real estate (CRE) lenders. This is due to the debtor-friendly bankruptcy forum, particularly with respect to (i) the up to 18 month exclusivity period during which only the debtor could propose a plan of reorganization and (ii) threats of a "cram-down" plan used to lever concessions from lenders. These provisions can be, and often were, abused by debtors with no real rehabilitative intent using bankruptcy only as a leverage tool.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP
    Authors:
    Timothy G. Little , Scott M. Vetri , Julie Lee , Peter A. Siddiqui
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    English Courts Introduce Novel Concept of ‘Trading Misfeasance’
    2024-06-20

    On 11 June 2024, Mr. Justice Leech handed down a landmark UK judgment relating to wrongful trading and misfeasance against the former directors of the BHS Group of companies (BHS) pursuant to the Insolvency Act 1986 (IA86).

    The 533-page judgment saw one of the largest reported wrongful trading awards since the introduction of IA86, as well as a novel claim for “misfeasant trading.”

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Companies Act 2006 (UK), UK Supreme Court
    Authors:
    John Houghton , Rupert Cheetham , Nazmul Miah
    Location:
    United Kingdom
    Firm:
    Greenberg Traurig LLP
    Proportionate, robust, and dissuasive enforcement: the first 18 months of the Irish Corporate Enforcement Authority (CEA)
    2024-06-24

    On Wednesday 19 June 2024, the Irish Corporate Enforcement Authority ("CEA") published its first-ever annual report. The Annual Report covers the 18-month period from July 2022 (when it replaced and assumed the responsibilities of the Office of the Director of Corporate Enforcement) to 31 December 2023.

    Supervision of corporate insolvency

    The CEA has a statutory role in supervising the liquidation of insolvent companies and taking enforcement actions in respect of struck off insolvent companies.

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Ogier, Liquidation, Insolvency, Central Bank of Ireland, Companies (Rescue Process for Small and Micro Companies) Act 2021 (Ireland)
    Authors:
    James McDermott , Ronan McGoldrick
    Location:
    Ireland
    Firm:
    Ogier
    Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration
    2024-06-24

    The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision provides much needed clarity on the exercise of the Court’s discretion to wind up a company where the debt is not disputed on genuine and substantial grounds and is subject to an arbitration clause.

    Filed under:
    British Virgin Islands, Arbitration & ADR, Insolvency & Restructuring, Litigation, Conyers, Liquidation
    Authors:
    Matthew Brown , Dr. Jane (Jevgenija) Fedotova , Allana-J Joseph
    Location:
    British Virgin Islands
    Firm:
    Conyers

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