The New Regime For Restructuring Officers | Cayman Islands Technical Brief for Investment Funds On 31 August 2022, the Cayman Islands introduced the restructuring officer regime (“the Regime”) by making certain amendments to the Cayman Islands Companies Act (“the Act”). In this arcle we consider the benefits of the Regime now that it has been in place for nearly twelve months, and how it is operang in pracce.
In a judgement of the Hyderabad bench of the National Company Law Tribunal (“NCLT”) in the cases of PTC India Financial Services Ltd. v. Vikas Prakash Gupta & Ors.1 and Indo Unique Flame Limited v.
In today’s realities, there often arise situations where debtors cannot fulfill their obligations for reasons one way or another related to the war. In addition, many enterprises are located in the temporarily occupied territory, and their owners do not have access to enterprises at all. In such a case, unfortunately, applying to the debtor with a claim is not always an effective option for protecting the creditor’s rights.
In the recent British Virgin Islands (BVI) case of Parles AS & Daniel Perner v Winsley Finance Limited (BVIHCM2022/0123, 29 March 2023), the Honourable Madam Justice Mangatal granted an application brought by two unsecured creditors for a Chabra freezing injunction against a BVI company in aid of foreign insolvency proceedings in Czechia. In this article, we look at the reasoning employed by the BVI Court in reaching its decision and consider the wider significance of the judgment to insolvency practitioners and creditors dealing with assets in the BVI.
Where a creditor believes that a debtor is insolvent, any “third-party application” that it makes for the insolvency of the debtor must be well substantiated.
Decision
The District Court of Hamburg recently considered an application for insolvency on grounds of illiquidity due to default in social security contributions.
A landmark decision of the German Federal Court (13 June 2006 – IX ZB 238/05) held that the illiquidity of a company could be assumed where it was in default for more than six months of social security contributions.
A proposed amendment to the Insolvency Act, has been approved by the government and is currently under discussion in the Czech Parliament. It is expected to significantly alleviate the situation for debtors seeking debt relief. The previous government had intended to introduce similar changes; however, the legislative process was halted by the end of its term.
Current position
Currently, debtors can achieve debt relief only after 5 years of "good conduct", unless they:
In Poland, pre-pack insolvency sales have been available since 1 January 2016. The legal framework regulating pre-pack insolvency sales was introduced into Polish insolvency law as part of a major reform of insolvency legislation that was aimed at preserving the value carried by the assets of insolvent entities and to ensure higher satisfaction for creditors.
In Hunt v Singh, the Court referred to the Supreme Court's landmark decision in BTI v Sequana (see our alert) in deciding when the directors' duty to creditors arose.
Background
Marylebone Warwick Balfour Management Limited (the Company), entered a tax avoidance scheme between 2002 and 2010 which the directors, on professional advice, believed to be valid.
In practice, bankruptcy of a defendant employer during court proceedings related to employee receivables may be confusing for both the parties of a dispute and the courts handling the proceedings.