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    Re Great Annual Savings Ltd
    2023-05-18

    The judgment of Adam Johnson J in Re Great Annual Savings Company Ltd, (Re Companies Act 2006) [2023] EWHC 1141 (Ch) demonstrates again the rigorous approach the courts are taking in relation to the fulfilment of the conditions required to “cram down” dissenting creditors in restructuring plans as well as in the exercise of the court’s discretion to sanction them.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Wedlake Bell, HM Revenue and Customs (UK)
    Authors:
    Robert Paterson
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Points to learn from The High Court’s decision in the Great Annual Savings Company restructuring plan
    2023-05-18

    The recent sanction judgment gives important guidance on the way in which the court's discretion should be exercised when sanctioning a restructuring plan and considers whether it is necessary for opposing parties to provide valuation evidence of their own .

    Key takeaways from the judgment

    No worse off test: expert evidence

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shoosmiths LLP, HM Revenue and Customs (UK)
    Authors:
    Aaron Harlow , Lizzy Wood , Hayley Çapani
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    Hong Kong’s Court of Final Appeal provides clarity in landmark judgment giving primacy to an exclusive jurisdiction clause over insolvency proceedings
    2023-05-18

    Hill Dickinson’s Hong Kong Commercial and Insolvency Disputes team acted for the successful respondent in Guy Kwok-Hung Lam (Respondent) -v- Tor Asia Credit Master Fund LP (Appellant) Final Appeal No.13 of 2022 (on appeal from CACV No. 393 of 2021 [2023] HKCFA 9).

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hill Dickinson, Insolvency, U.S. Court of Appeals
    Authors:
    Bryan O'Hare , Pui Yip Leung , Wing Lui , Rachel Yeung
    Location:
    Hong Kong
    Firm:
    Hill Dickinson
    Fifth Circuit Holds Buyer Entitled to Exercise Contractual Economic Leverage Without Impairing Good Faith Purchaser Status
    2023-05-18

    On April 17, 2023, the Fifth Circuit issued an opinion holding that a senior lender who uses economic leverage and exercises its statutory and contractual rights upon a borrower’s default, including the right to credit bid as part of a bankruptcy sale process—despite adverse impact on a junior lender—remains a “good faith” purchaser entitled to the protections under Section 363(m) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Hunton Andrews Kurth LLP, Fifth Circuit
    Authors:
    Gregory G. Hesse , Jennifer E. Wuebker
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Recent Developments in Subchapter V of Chapter 11 of the Bankruptcy Code
    2023-05-17

    Subchapter V of chapter 11 of the United States Bankruptcy Code, which took effect in 2020, has undergone significant developments since its enactment, as courts continue to interpret its provisions, intended to streamline the chapter 11 process for smaller debtors in bankruptcy. Recent data and judicial decisions have given greater context to not only the popularity of Subchapter V, but also its substantive boundaries, with some of these key developments discussed below.

    Subchapter V Filings Increase 81% Year-Over-Year in April

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, CARES Act 2020 (USA), Chapter 11, US Bankruptcy Code
    Authors:
    Jack R. O’Connor , Heidi M. Hockberger
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    Re Avanti Communications Limited (in administration) - evolution of the control required for a fixed charge
    2023-05-17

    The High Court recently issued its ruling in the matter of Re Avanti Communications Limited (in administration). It is the first major case since the pivotal 2005 House of Lords decision of Re Spectrum Plus  to examine the characteristics of fixed and floating charges.

    Key points

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, HM Revenue and Customs (UK), House of Lords
    Authors:
    Charlotte Drake , Aisha Ayanbunmi , James Linforth , Nick Axup
    Location:
    United Kingdom
    Firm:
    Stephenson Harwood LLP
    Court order appoints liquidators as receivers for sale of SMSF asset
    2023-05-17

    In the last few years, case law has established several important key principles in trust law in the context of insolvent trustees.

    It is now well established that:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Macpherson Kelley, Insolvency, Corporations Act 2001 (Australia)
    Authors:
    Daniel Wignall
    Location:
    Australia
    Firm:
    Macpherson Kelley
    Interest Rates. Currency of Judgment. New York state court holds that interest rate set in bankruptcy proceeding controls over contractual interest rate and that New York law requires a New York judgment be rendered in U.S. dollars.
    2023-05-17

    Lehman Bros. Int'l (Europe) (In Admin.) v. AG Fin. Prod., Inc., No. 653284/2011 (Sup. Ct. N.Y. County May 17, 2023) [click for opinion]

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Baker McKenzie, International Swaps and Derivatives Association
    Authors:
    Jacob M. Kaplan , David Zaslowsky
    Location:
    USA
    Firm:
    Baker McKenzie
    Re Guangdong Overseas Construction Corporation: Constructive takeaways from recent judgment on recognition/assistance application by Mainland administrator over Mainland company
    2023-05-17

    The Facts – Shortly Stated

    Filed under:
    China, Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Des Voeux Chambers
    Authors:
    José-Antonio Maurellet SC , Michael Lok
    Location:
    China, Hong Kong
    Firm:
    Des Voeux Chambers
    Surprising no one, those pursued to pay for PFAS contamination are buckling under the weight of those claims. What's next?
    2023-05-17

    Hundreds and hundreds of claims for personal injury and property damage associated with PFAS contamination have been accumulating in the courtroom of a Federal Judge in South Carolina. A little over four years ago the Federal Judicial Panel on Multidistrict Litigation determined that Federal claims that Aqueous Film-Forming Foams (AFFF) containing PFAS used to fight fires had contaminated drinking water had enough in common that they should all be sent to Federal Judge Gergel in South Carolina for disposition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
    Authors:
    Jeffrey R. Porter
    Location:
    USA
    Firm:
    Mintz

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