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    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
    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

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