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    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
    Mainland group subsidiary wound up by the Companies Court: Re Dangdai International Investments Ltd [2023] HKCFI 1347
    2023-05-18

    On 15 May 2023 (with Reasons for Decision delivered on 18 May 2023), the Companies Court made a winding-up order against Dangdai International Investments Ltd (當代國際投資有限公司) (“the Company”) which is in turn wholly owned by Wuhan Dangdai Science & Technology Industries (Group) Company Ltd (武漢當代科技產業集團股份有限公司) (“Wuhan Dangdai”).

    Filed under:
    Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Des Voeux Chambers, Court of First Instance (Hong Kong)
    Authors:
    Charlie Liu
    Location:
    Hong Kong
    Firm:
    Des Voeux Chambers
    FAQs - Resolution Plans Demystified
    2023-05-18

    The original version of this article was first published in the Trilegal Quarterly Roundup.

    These FAQs delve into some key aspects that prospective resolution applicants must consider while devising a robust resolution plan for a corporate debtor.​

    Filed under:
    India, Insolvency & Restructuring, Trilegal, Insolvency, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Karishma Dodeja , Deepali Verma
    Location:
    India
    Firm:
    Trilegal
    A rehabilitation scheme sanctioned under Sick Industrial Companies Act, 1985 binds all creditors: Supreme Court
    2023-05-18

    The appeal challenged an order (“Impugned Order“) passed by the Delhi High Court in a writ petition (“Writ“) filed by Singer. Vide the Impugned Order, the Division Bench of the High Court had referred the Writ to a larger bench as it doubted the correctness of the judgment in Continental Carbon India Ltd. v. Modi Rubber Ltd., 2012 (131) DRJ 291 (DB) (“Modi Rubber”).

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, JSA, Delhi High Court, Supreme Court of India
    Authors:
    Amar Gupta , Divyam Agarwal , Pranav Tanwar
    Location:
    India
    Firm:
    JSA
    Navigating financial insecurities - ten top tips
    2023-05-18

    The current economic landscape is presenting challenges for many businesses. Our restructuring and business advisory specialists have provided a list of ten top tips if your business is facing financial distress.

    The current economic landscape is presenting challenges for many businesses. Our team at Shepherd and Wedderburn is here to help you navigate those challenges.

    Adaptability and resilience have never been more important as many businesses are currently facing ongoing challenges, such as:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Shepherd and Wedderburn LLP, Supply chain, Insolvency, HM Revenue and Customs (UK)
    Authors:
    Fiona McKerrell , Suzanne Knowles
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    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

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