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    Top 10 Predictions for 2025 in Restructuring and Insolvency
    2025-01-08

    Restructuring Plans (RPs)

    2024 was a year of firsts for RPs, and as case law in this area continues to evolve, there is little doubt that this will carry through into 2025.

    It would be remiss not to expect to see more RPs in 2025. News of Thames Water's restructuring is "splashed" all over the press and Speciality Steel's plan might see the first "cram up" of creditors, but there seems a long way to go to get creditors onside.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Liquidation, Insolvency, Financial Conduct Authority (UK), HM Revenue and Customs (UK), Insolvency Service (UK), National Security and Investment Act 2021 (UK)
    Authors:
    John Alderton , Devinder Singh , Russ Hill , Vanessa Stuart , Monika Lorenzo-Perez , Rachael Markham , Charlotte Møller
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Mastering the Art of Distressed M&A in Switzerland: The Rise of the Pre-Pack
    2025-01-07

    Distressed transactions increasingly mark the Swiss M&A landscape. An important piece in the Swiss restructuring toolbox is the sale of parts or all of the business under court supervision during a composition moratorium. It has been used successfully in an increasing number of cases recently. Typically, the relevant part of the business is pre-packed – structured and prepared for sale – before being sold with court approval. As we anticipate more distressed M&A transactions in 2025, it is worthwhile exploring the intricacies and implications of the Swiss pre-pack.

    Filed under:
    Switzerland, Corporate Finance/M&A, Insolvency & Restructuring, Schellenberg Wittmer, Due diligence
    Authors:
    Marcel Jakob , Oliver Triebold
    Location:
    Switzerland
    Firm:
    Schellenberg Wittmer
    Valuing an Asset in an Undervalue Transaction Claim: Equitable Value or Market Value?
    2025-01-07

    Introduction

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Insolvency, Singapore High Court
    Authors:
    Wilson Zhu
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Navigating Egyptian Bankruptcy Law: A Comprehensive Guide
    2025-01-06

    Egypt’s bankruptcy law has undergone significant reforms in recent years, reflecting a broader effort to modernize the country s economic framework and create a more business-friendly environment. This article explores the key aspects of Egyptian bankruptcy law, focusing on its purpose, procedures, and implications for businesses and creditors.

    The Evolution of Bankruptcy Law in Egypt

    Filed under:
    Egypt, Insolvency & Restructuring, Ehab Yehia Law Firm, Bankruptcy, Liquidation
    Authors:
    Ehab Yehia
    Location:
    Egypt
    Firm:
    Ehab Yehia Law Firm
    The President of Ukraine signed a law on measures aimed at repayment of debts in the wholesale electricity market: what changes and how will it affect business?
    2025-01-06

    On January 2, 2025, President of Ukraine Volodymyr Zelenskyy signed Law №2390 aimed at repaying debts incurred in the wholesale electricity market before July 1, 2019. The document, initiated back in 2019, was an important step towards stabilizing the country’s energy market.

    Filed under:
    Ukraine, Energy & Natural Resources, Insolvency & Restructuring, GOLAW, Energy
    Location:
    Ukraine
    Firm:
    GOLAW
    Company Migration to and from Jersey
    2025-01-06

    KEY TAKEAWAYS

    • The application process and evidence required by the JFSC for a migration
    • Consideration of a migration application by the JFSC
    • Effects of granting a certificate of continuance and a migration overseas

    The object of this guide is to provide clients of Walkers with information on the process involving the migration of companies to and from Jersey.

    Migration to Jersey

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Walkers, Jersey Financial Services Commission
    Authors:
    Dilmun Leach , Jonathan Heaney , Kevin McQuillan , Tatiana Collins
    Location:
    Jersey
    Firm:
    Walkers
    Insolvency reform in the water sector: Staying afloat in a rising tide
    2025-01-06

    Recent legislative reform in the water sector has expanded the special administration regime and there are further changes on the horizon

    Next month marks the hotly anticipated sanction hearing for the Thames Water restructuring plan. We take this opportunity to look back at the key legislative changes made last year, as well as those earmarked for the future.

    2024 legislative changes

    New legislation was introduced last year to amend the special administration regime for the water sector.

    The key changes to the existing regime were as follows:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Burges Salmon LLP, Insolvency, UK House of Commons, House of Lords
    Authors:
    Emily Scaife
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Assignments in Breach of Public Policy May Amount to Debt Trafficking
    2025-01-06

    DGJ v Ocean Tankers (Pte) Ltd (in liquidation)[2024] SGCA 57

    The Court of Appeal ruled that assignments may be ineffective for offending public policy. Additionally, an assignment of a bare right to sue must not prejudice the administration of justice. Generally, non-assignment clauses would also prohibit the assignment of contractual and related rights.

    Facts

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Shook Lin & Bok
    Authors:
    Liew Kai Zee , David Lee
    Location:
    Singapore
    Firm:
    Shook Lin & Bok
    English Insolvency Service Drops Case Against Carillion Directors: What Does It Mean For Director Liability?
    2025-01-06

    The role and duties of company directors are well established in English law through the Companies Act and case law. These principles are widely applied in many jurisdictions, including the Bahamas, where UK cases about directors’ liability and related issues carry considerable weight.

    Filed under:
    Bahamas, United Kingdom, Company & Commercial, Compliance Management, Insolvency & Restructuring, ParrisWhittaker, Corporate governance, Insolvency Service (UK), Companies Act 2006 (UK)
    Authors:
    Jacy Whittaker , A. Kenra Parris-Whittaker
    Location:
    Bahamas, United Kingdom
    Firm:
    ParrisWhittaker
    Revisit the Hong Kong position: When dispute resolution clauses meet insolvency proceedings
    2025-01-06

    Introduction

    Before the landmark decision of the Hong Kong Court of Final Appeal in Guy Kwok-Hung Lam v Tor Asia Credit Master Fund LP [2023] HKCFA 9 (“ReGuy Lam”), there had been a long-standing debate over the impact, if any, of an exclusive jurisdiction clause in favour of a foreign court (“EJC”) on the presentation of bankruptcy / winding-up petitions.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Bird & Bird
    Authors:
    David Hung , May Leung
    Location:
    Hong Kong
    Firm:
    Bird & Bird

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