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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
    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
    What is Meant by the language to “Consider” in the Insolvency Legislation ?
    2023-05-15

    The recent case of Dolfin Asset Services Ltd v Stephens & Anor (Re Dolfin Financal (UK) Ltd) [2023] EWHC 123 (Ch) (“Dolfin“) concerned a special administration, but it has relevance to administrators more generally. In particular, when it comes to the judge’s view of what is meant by the word “consider” – which is phrase used in the insolvency legislation when it comes to making decisions.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Insolvency, International Criminal Court
    Authors:
    Andrew Bennett
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Hong Kong's Court of Final Appeal provides clarity on the effect and implications of an exclusive jurisdiction clause on insolvency proceedings
    2023-05-16

    In its recent judgment in Guy Kwok-Hung Lam v Tor Asia Credit Master Fund LP [2023] HKCFA 9, the Court of Final Appeal of Hong Kong has provided guidance as to how an exclusive jurisdiction clause in a financing agreement impacts on the ability to bring a bankruptcy or winding up petition in Hong Kong. In light of prior inconsistent judgments on the issue, the CFA decision provides welcome clarity as to the impact of exclusive jurisdiction clause on insolvency proceedings and when it may still be appropriate to commence them.

    Background

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Ashurst, Court of Final Appeal (Hong Kong)
    Authors:
    James Comber , Cliff Chow , Sophie Lyall , Benjamin Ng
    Location:
    Hong Kong
    Firm:
    Ashurst
    English law security - does Avanti Communications change the fixed/floating test?
    2023-05-16

    In the recent case of Re Avanti Communications Ltd (In Administration)1, the High Court considered whether charges granted by a satellite business over certain equipment and intangible assets (the Relevant Assets) were fixed or floating.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, House of Lords
    Authors:
    Adam Pierce
    Location:
    United Kingdom
    Firm:
    Dentons
    Navigating complex voluntary administration appointments: the utility of the Court
    2023-05-16

    In a previous article, 'In case of emergency: Using emergency power provisions to appoint a voluntary administrator' we discussed the use of emergency powers in a company’s constitution to appoint a voluntary administrator to a company, as well as the use of court assistance to cure defects in an appointment.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Corporations Act 2001 (Australia)
    Authors:
    Peter Bowden , Becci Cartoon
    Location:
    Australia
    Firm:
    Gilbert + Tobin

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