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    Snapshot: A Pauline Action - a timeless Jersey tool for creditors in the context of insolvency
    2025-03-04

    The Pauline Action is a legal mechanism that allows creditors to apply to the Royal Court of Jersey to set aside transactions undertaken by a debtor to defraud or otherwise prejudice them.

    Emirates NBD Bank PJSC v Almakhawi and Others [2024] JRC 256 is the most recent case from the Royal Court to affirm that the Pauline Action, which has its origins in Roman law, remains an effective debt recovery tool for creditors in Jersey.

    Purpose of the Pauline Action

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Ogier, Insolvency
    Authors:
    Damian Evans , Cait Bruce
    Location:
    Jersey
    Firm:
    Ogier
    Knocking on different doors: the CJEU’s new roadmap for cross-border claims in insolvency
    2025-03-04

    Key points

    Filed under:
    Belgium, European Union, Netherlands, Insolvency & Restructuring, Litigation, Gatehouse Chambers
    Authors:
    Callum Reid-Hutchings
    Location:
    Belgium, European Union, Netherlands
    Firm:
    Gatehouse Chambers
    Moratorium for Scheme of Arrangement Granted over Liabilities Incurred as Trustee-Manager
    2025-03-05

    Introduction

    A trustee-manager, in the context of a business trust, actively runs the trust's operations while safeguarding the interests of investors. In the course of acting as a trustee-manager, the entity may incur liabilities in relation to activities of the business trust. How are these liabilities treated in a restructuring and insolvency? And can a trustee-manager propose a scheme of arrangement for debts incurred in its capacity as trustee-manager?  

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Moratorium, Insolvency, Business Trusts Regulations 2005 (Singapore), Business Trusts (Summary Financial Statement) Regulations 2005 (Singapore), Business Trusts Act 2004 (Singapore), Insolvency, Restructuring and Dissolution Act 2018 (Singapore), Trustee, Singapore High Court
    Authors:
    Chew Xiang , Priscilla Soh
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Fast Track Mergers in India: Feasibility and Key Legal Challenges
    2025-03-04

    Consolidation of business by way of a merger is a widely accepted mechanism for corporate restructuring.

    Filed under:
    India, Corporate Finance/M&A, Insolvency & Restructuring, S&R Associates, Reserve Bank of India, Securities and Exchange Board of India, National Company Law Tribunal
    Authors:
    Rajat Sethi , Apurv Sharma , Ameesha Tripathi
    Location:
    India
    Firm:
    S&R Associates
    The Prescription (Scotland) Act 2018: Key takeaways as final provisions take effect
    2025-03-04

    Overview

    It has been just over 6 years since the Bill for the Prescription (Scotland) Act 2018 ("the 2018 Act") received royal assent. Sections 5 and 13 of the 2018 Act came into force, perhaps earlier than most anticipated, on 1 June 2022. Since then, depending on who you speak to, you are likely to hear differing opinions on whether enough has been done to re-balance the 'defender friendly' discoverability test developed though cases such as Morrison and Gordon's Trustees.

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Litigation, DAC Beachcroft LLP
    Authors:
    Salome Nilsson , Stuart Craig
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft LLP
    Insolvency declaration lawsuit
    2025-03-04

    Gulf Resident Declared Insolvent with Debts of 853,000 AED – Legal Implications and Procedures

    Conditions for Filing an Insolvency Lawsuit in the UAE

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Al Mazrouei Advocates, Insolvency
    Authors:
    Dr Alaa Nasr
    Location:
    United Arab Emirates
    Firm:
    Al Mazrouei Advocates
    Anti-Suit Injunction granted to restrain a Hong Kong party from continuing Beijing court proceedings
    2025-03-03

    Parkside’s Derek J Y Chan, instructed by Tanner De Witt, acted for the successful Plaintiffs, China City Construction (International) Co., Limited (In Creditors’ Voluntary Liquidation) and Dingway Investment Limited (In Compulsory Liquidation), both acting through their liquidators, in obtaining an anti-suit injunction (“ASI”) to restrain China City Construction & Development Co., (HK) Limited from continuing proceedings (“the Beijing proceedings”) it had commenced in the People

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Parkside Chambers, Liquidation
    Authors:
    Derek J Y Chan
    Location:
    China, Hong Kong
    Firm:
    Parkside Chambers
    Small business restructurings - the good and the not-so-good
    2025-03-03

    Small business restructurings (SBR), which allow companies with less than $1 million in liabilities (other than employee entitlements) to restructure their unsecured debts, are increasing in popularity. SBRs now amount to about 25 per cent of all monthly company insolvencies, and outnumber voluntary administrations.

    In this article, from knowledge gained in advising small business restructuring practitioners, and from wider industry commentary, we discuss some of the good, and not so good, aspects of the SBR regime.

    The good

    Filed under:
    Australia, Insolvency & Restructuring, Hall & Wilcox, Australian Taxation Office
    Authors:
    Scott Butler
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Insolvency and Forfeiture: A Tale of Two Companies
    2025-03-03

    The case of SBP 2 S.À.R.L v 2 Southbank Tenant Limited [2025] EWHC 16 (Ch) highlights the importance of careful drafting and robust legal advice when looking to forfeit a lease.

    Background

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Penningtons Manches Cooper LLP, Insolvency Act 1986 (UK), Chapter 11, US Bankruptcy Code
    Authors:
    Amy Evans
    Location:
    United Kingdom, USA
    Firm:
    Penningtons Manches Cooper LLP
    Restructuring Department Bulletin - March 2025
    2025-03-03

    In the March 2025 edition of the Restructuring Department Bulletin, we highlight recent decisions and developments impacting the restructuring arena and share the latest news on the Paul, Weiss Restructuring Department.

     

    Filed under:
    USA, Insolvency & Restructuring, Paul Weiss Rifkind Wharton & Garrison LLP
    Location:
    USA
    Firm:
    Paul Weiss Rifkind Wharton & Garrison LLP

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