This might be the most confounding economy in memory, one that refuses to conform to any predictable script or playbook — just ask Fed Chair Powell, who continues the central bank’s yearlong efforts to slow an economy that won’t easily be tamed. But if you mention to someone outside of the restructuring profession that you’re a corporate bankruptcy advisor, the response you are likely to hear is something to the effect of, “Oh, business must be good these days.”
On June 15, 2023, the U.S. Supreme Court ruled that the Bankruptcy Code barred an Indian tribe’s attempts to collect on a defaulted debt from a Chapter 13 debtor.
BlockFi is a wealth management and trading firm for cryptocurrency holders that first commenced operations in 2017. In July 2021, we wrote about BlockFi’s bumpy road to going public, even though its valuation had just hit $5 billion.
Snapshot
The Restructuring Plan (Plan) was introduced as part of the UK Corporate Insolvency and Governance Act 2020, which introduced a new part 26A into the Companies Act 2006 (CA 2006). The part 26A Plan provisions are largely based on the existing scheme of arrangement rules detailed under part 26 of the CA 2006, and it is often referred to as the “super scheme”.
Plans now sit alongside schemes of arrangement and company voluntary arrangements (CVAs) to provide a further restructuring option for companies and insolvency practitioners alike.
The U.S. Court of Appeals for the Seventh Circuit recently rejected a bankruptcy trustee’s avoidance and fraudulent transfer claims, holding that a debt purchase and sale agreement between a bankrupt debtor, its original creditor, and its new creditor was not avoidable because it did not qualify as a transfer of “an interest of the debtor in property.”
Specifically, the Seventh Circuit determined that the transaction had no effect on the bankruptcy estate and the Bankruptcy Code’s avoidance provisions played no role.
A five-Member Bench of the National Company Law Appellate Tribunal (‘NCLAT’) has held that NCLAT is not vested with any power to review its own judgment, however, in exercise of its inherent jurisdiction it can entertain an application for recall of judgment on certain grounds. The Tribunal was of the view that it has an inherent jurisdiction to recall a judgement which was made with procedural lapses, per se, when a party affected by the judgment has not been impleaded. The Tribunal in Union Bank of India (Erstwhile Corporation Bank) v. Dinkar T.
Social media accounts can have significant value. The ability to sell access to potentially millions of followers can affect a company’s sales price. A Florida bankruptcy court was recently faced with this issue.
The ongoing war and full-scale russian invasion have significantly impacted Ukraine’s legal system and economic landscape. However, despite the challenging circumstances, Ukrainian courts have continued to administer justice, ensuring the protection of constitutional rights.
Introduction
On June 15, 2023, the United States Supreme Court held that “the Bankruptcy Code unambiguously abrogates the sovereign immunity of all governments, including federally recognized Indian tribes.”1 In other words, Native American Tribes' sovereign immunity does not shield them from suits brought by debtors who declare bankruptcy.