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    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
    UAE Bankruptcy Law - update
    2023-05-12

    The Dubai Court of First Instance concludes that preventive composition, restructuring, bankruptcy, and liquidation are only possible if the debtor company has existing assets.

    In a recent judgment issued on 26 April 2023 the Dubai Court of First Instance rejected the liquidation application of an indebted company on the basis that the company does not have any assets that could be liquidated.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Clyde & Co LLP
    Authors:
    Sherif Maher
    Location:
    United Arab Emirates
    Firm:
    Clyde & Co LLP
    This Week At The Ninth: Easements And Bankruptcy Standing
    2023-05-12

    This week, the Court considers a property owner’s claim to an easement over a maintenance road on federal land, and casts doubt on the longstanding “person aggrieved” standing requirement in bankruptcy appeals.

    KIMBALL-GRIFFITH, L.P. v. BRENDA BURMAN, ET AL

    The Court rejects a property owner’s claim to an easement over a maintenance road on federal land.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Morrison & Foerster LLP, Supreme Court of the United States
    Authors:
    Joel F. Wacks , Alexandra Avvocato
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Hong Kong: Court of Final Appeal clarifies the effect of an exclusive jurisdiction clause on bankruptcy petitions
    2023-05-12

    In brief 

    The Court of Final Appeal (CFA), in its recent judgment in Re Guy Kwok-Hung Lam [2023] HKCFA 9 (link to judgment), has ruled on the proper approach towards a bankruptcy petition where the underlying dispute of the petition debt is subject to an exclusive jurisdiction clause (EJC).

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie, Due diligence
    Authors:
    Bryan Ng , Victor Yip
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    Tweeting out justice: BVI Court permits service by Twitter in Three Arrows crypto dispute
    2023-05-15

    The continued fall-out of the high-profile collapse of the Three Arrows crypto fund has seen another development, with the BVI Court permitting alternative service by Twitter after the collapsed fund's directors failed to appear for examination before the BVI Court. [1]

    Filed under:
    British Virgin Islands, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Ogier, Liquidation, Cryptocurrency
    Location:
    British Virgin Islands
    Firm:
    Ogier
    Restructuring Department Bulletin - May 2023
    2023-05-15

    In the latest issue of the Restructuring Department Bulletin, we highlight the Supreme Court’s unanimous decision holding that Section 363(m) of the Bankruptcy Code is not jurisdictional. We also discuss two Bankruptcy Court decisions from the Southern District of New York, one which held that the “knowledge exception” to Section 546(e)’s safe harbor defense was sufficiently pled to survive dismissal, and the other which found that service of a discovery subpoena on the foreign debtor’s founders via Twitter was adequate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Re James Court Ltd
    2023-05-15

    A claim under s 127 is restitutionary (see Hollicourt (Contracts) Ltd v Bank of Ireland and Ahmed v Ingram), and in a case involving the payment of money is for unjust enrichment (see Officeserve Technologies Ltd v Annabel’s (Berkeley Square) Ltd).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell, Liquidation
    Authors:
    Frances Coulson
    Location:
    United Kingdom
    Firm:
    Wedlake Bell

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