Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Bygherrens håndtering af entreprenørens konkurs
    2024-04-23

    Bygge- og anlægsbranchen har i de seneste år oplevet en kraftig stigning i antallet af konkurser og toppede foreløbigt i 2023 med hele 1.282 erklærede konkurser. Da konkurserne ofte er forbundet med store tab, hvis de indtræder under et igangværende byggeri, har tendensen i stigende grad aktualiseret en belysning af de muligheder, der er for at sikre sig imod sådanne tab.

    Filed under:
    Denmark, Insolvency & Restructuring, DLA Piper, Bankruptcy
    Authors:
    Alexander Grønlund
    Location:
    Denmark
    Firm:
    DLA Piper
    Guidelines on Adjudication of Debts for Compromises and Arrangements
    2024-04-23

    On 1 April 2024, the Companies Commission of Malaysia issued the Guidelines for the Adjudication of Proof of Debts under section 369B of the Companies Act 2016 (“the Guidelines”).

    Filed under:
    Malaysia, Banking, Insolvency & Restructuring, SKRINE
    Authors:
    Sharon Chong Tze Ying
    Location:
    Malaysia
    Firm:
    SKRINE
    A Dilemma In Mass Tort Bankruptcies: Maximizing Value v. Wreaking Vengeance (In re Bestwall)
    2024-04-23

    Bankruptcies with large tort claims are common:

    • some involve a limited number of claimants (e.g., a drunk driver hits a bus or a restaurant serves bad food one evening); and
    • others have large numbers of claimants, some of whom won’t even be known for at least another decade (e.g., asbestos cases).

    Often in tort bankruptcies, the total amount of claims overwhelms the debtor’s ability to pay: i.e., existing assets, insurance coverages and projected future income streams are, simply, insufficient.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    The Legacy of Re Guy Lam Lives on
    2024-04-29

    The landmark Court of Final Appeal (“CFA”) decision of Re Guy Lam[1] has generated numerous articles written by practitioners and academics on the interaction between exclusive jurisdiction clauses and the court’s jurisdiction to wind up or bankrupt a debtor. Following the CFA’s decision, the Guy Lam bankruptcy continued to impact our legal landscape when the Court of Appeal handed down a novel decision on the treatment of the costs and expenses of the bankrupt trustees (for whom TDW acted) in circumstances where the bankruptcy order was overturned in appeal[2].

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Tanner De Witt
    Authors:
    Robin Darton , Tim Au
    Location:
    Hong Kong
    Firm:
    Tanner De Witt
    (UK) What practical changes can IPs expect from the proposed amendments to FCA guidance?
    2024-04-29

    The UK Financial Conduct Authority (FCA has issued a consultation about proposed changes to its Guidance for Insolvency Practitioners. The aim is to clarify existing guidance and provide more information to insolvency practitioners (IPs) on how to deal with regulated firms.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Squire Patton Boggs, Financial Conduct Authority (UK)
    Authors:
    Rachael Markham , John Alderton
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    PMLA intersection in IBC proceedings
    2024-04-29

    The Insolvency and Bankruptcy Code, 2016 (IBC) has been at loggerheads with the Prevention of Money Laundering Act, 2002 (PMLA) on various occasions in the corporate insolvency resolution process (CIRP) of a distressed entity. Courts and tribunals have passed varying judgments, either giving primacy to the IBC or allowing the Enforcement Directorate (ED), a functionary under the PMLA, to perform its duties irrespective of the ongoing CIRP of a company.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Shardul Amarchand Mangaldas & Co, Insolvency, Prevention of Money Laundering Act 2002 (India), Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Anoop Rawat
    Location:
    India
    Firm:
    Shardul Amarchand Mangaldas & Co
    Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy
    2024-04-29

    In its recent opinion in Raymond James & Associates Inc. v. Jalbert (In re German Pellets Louisiana LLC), 23-30040, 2024 WL 339101 (5th Cir. Jan. 30, 2024), the Fifth Circuit held that a confirmed bankruptcy plan enjoined a party from asserting certain indemnification counterclaims against a plan trustee because the party did not file a proof of claim.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP
    Authors:
    James Blake Bailey , Joshua A. Lesser
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Statutory demands - a review of Recent Decisions
    2024-04-26

    INSOLVENCY – The bankruptcy division of Mauritian Supreme Court re-affirms the test to determine the existence of a substantial and genuine dispute when setting aside a statutory demand. In this article, we review the recent determinations of the Bankruptcy Division of the Supreme Court of Mauritius (Bankruptcy Division) in which it re-affirmed the tests to determine an application to set aside a statutory demand under section 181 of the Insolvency Act 2009 (‘Insolvency Act’).

    Filed under:
    Mauritius, Insolvency & Restructuring, Litigation, Appleby
    Authors:
    Sharmilla Bhima , Suhaylah Juman , Dylan Mannikum
    Location:
    Mauritius
    Firm:
    Appleby
    Russian trustee partially succeeds in a strike out application (Kireeva (as trustee and bankruptcy manager of Bedzhamov) v Zolotova and Basel Properties Limited)
    2024-04-26

    Dispute Resolution analysis: An application by a Russian trustee in bankruptcy has succeeded in striking out some parts of a defence to a claim that a share transfer was a sham or a transaction defrauding creditors. Other parts of the defence were not, however struck out.

    Kireeva (as trustee and bankruptcy manager of Bedzhamov) v Zolotova and Basel Properties Limited [2024] EWHC 552 (Ch)

    What are the practical implications of this case?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gatehouse Chambers
    Authors:
    Phillip Patterson
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    Directors' duties in the face of insolvency
    2024-04-26

    The duties of directors in relation to companies in Mauritius are laid out under the Companies Act 2001 (‘Companies Act’) and more specifically under Section 143 which sets out in detail that directors have a duty to act in good faith and in the best interests of the company on which they are appointed.

    Filed under:
    Mauritius, Company & Commercial, Insolvency & Restructuring, Litigation, Appleby
    Authors:
    Malcolm Moller , Melissa Virahsawmy Naik
    Location:
    Mauritius
    Firm:
    Appleby

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 195
    • Page 196
    • Page 197
    • Page 198
    • Current page 199
    • Page 200
    • Page 201
    • Page 202
    • Page 203
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days