Unlike traditional Chapter 11 bankruptcy cases, sometimes called "free fall" cases, where a debtor files for bankruptcy and determines its path out of bankruptcy over the course of the following months, some debtors enter into bankruptcy with a plan entirely (or mostly) drafted, with an emergence strategy already completed. In these cases, debtors enter bankruptcy with pre-packaged plans or pre-negotiated plans (sometimes called pre-arranged plans) ready to file on or just after their petition date.
Das StaRUG eignet sich insbesondere für finanzielle, weniger für personelle, Restrukturierungen
Das Gesetz über den Stabilisierungs- und Restrukturierungsrahmen für Unternehmen,kurz „StaRUG″ ist zum 1. Januar 2021 in Kraft getreten und setzt die sog. Restrukturierungsrichtlinie (Richtlinie [EU] 2019/1023) um.
The Court of Appeal has, in Foo Kian Beng v OP3 International Pte Ltd (in liquidation) [2024] SGCA 10 (OP3 International), comprehensively considered the contours of a director’s duty to consider the interest of creditors in certain circumstances (Creditor Duty). In this important decision, the apex court examined when the Creditor Duty first becomes engaged as well as the nature, scope and content of the duty.
Hector Robinson KC
Partner | Cayman Islands
Justine Lau
Partner | Hong Kong
Nicholas Fox
Partner | Cayman Islands
Peter Hayden
Partner | Cayman Islands
Simon Dickson
Partner | Cayman Islands
Guide
This guide examines what a creditor needs to know about liquidating an insolvent Cayman company under the Cayman Companies Act (2020 Revision) and the Companies Winding Up Rules, 2018.
In a decision that will have substantial impact on the owners of businesses that seek relief in bankruptcy where the business owners themselves seek releases from personal liability, the U.S. Supreme Court has struck down the validity of nonconsensual third-party releases in an opinion issued Thursday, June 27, 2024. The case arose from the bankruptcy proceedings of drugmaker Purdue Pharma, owned by Sackler family members. The decision potentially exposes the Sackler family members to personal liability relating to Purdue Pharma’s sale of opioid medications.
In this week’s TGIF, we examine the High Court’s recent decision in Greylag Goose Leasing 1410 Designated Activity Company & Anor v P T Garuda Indonesia Ltd [2024] HCA 21. In the decision, a majority of the High Court upheld the New South Wales Court of Appeal decision that foreign state immunity extends to a state-owned national airline subject to winding-up proceedings.
Welcome to the 2024 edition of "From Red to Black", our annual review of significant developments and topical issues in the Australian restructuring and insolvency market.
Regulator intervention and government stimulus packages in response to market shocks often mask underlying systemic distress and disrupt economic cycles. With companies now largely weaned off COVID-19 support packages, insolvencies have significantly increased.
By following certain steps and focusing on relevant courses of action, directors of startups can leverage the Safe Harbour provisions to increase their chances of navigating financial difficulties and achieving a better outcome for their company.
The IBBI Working Group on Group Insolvency (under the chairmanship of UK Sinha) and the MCA Cross Border Insolvency Rules/Regulations Committee having submitted their reports (collectively “Reports”) had recommended the introduction of a framework governing the resolution of enterprise groups under the Insolvency and Bankruptcy Code, 2016 (“IBC”) in September 2019 and December 2021 respectively.
The High Court has found the former directors of collapsed retail chain BHS liable for wrongful trading, misfeasant trading and individual acts of misfeasance.
Although overall quantum is yet to be decided, this has been widely reported as the largest wrongful trading award the courts have made since the introduction of the Insolvency Act 1986.