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    Cayman law case update: adjourning winding up petitions - In the Matter of Shinsun Holdings (Group) Co. Ltd
    2023-04-28

    In a recent judgment, Justice Doyle considered the principles applicable in agreeing to adjourn the hearing of a winding up petition. He granted only a short adjournment to allow opposing experts time to prepare a joint memorandum to assist the Court in determining issues related to the standing of the petitioner and issues in relation to its debt. The debtor's application for a longer adjournment was dismissed.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Ogier, Winding-up
    Authors:
    Jeremy Snead
    Location:
    Cayman Islands
    Firm:
    Ogier
    Court of Appeal summaries (April 24, 2023 - April 28, 2023)
    2023-04-29

    Following are our summaries of the civil decisions of the Ontario Court of Appeal for the week of April 24, 2023.

    Filed under:
    Canada, Ontario, Banking, Company & Commercial, Family, Insolvency & Restructuring, IT & Data Protection, Litigation, Real Estate, Blaney McMurtry LLP, Insolvency
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Moeder en zoon persoonlijk aansprakelijk voor boedeltekort failliet beleggingsfonds na misleiding van beleggers
    2023-05-01

    De rechtbank Noord-Holland heeft recent beslist dat een moeder en zoon aansprakelijk zijn voor het boedeltekort van een failliet beleggingsfonds omdat zij hun taak als (defacto) bestuur onbehoorlijk hebben vervuld (Rechtbank Noord-Holland 8 februari 2023, ECLI:NL:RBNHO:2023:1723).

    Filed under:
    European Union, Netherlands, Competition & Antitrust, Insolvency & Restructuring, bureau Brandeis, Bankruptcy
    Authors:
    Casper Rooijakkers
    Location:
    European Union, Netherlands
    Firm:
    bureau Brandeis
    JPMorgan Chase Bank Assumes First Republic Bank's Deposits and Nearly All Assets
    2023-05-01

    JPMorgan Chase Bank assumed all of First Republic Bank's deposits and nearly all assets, making all depositors of First Republic Bank depositors of JPMorgan Chase Bank as of Monday, May 1, 2023.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Fried Frank Harris Shriver & Jacobson LLP, Federal Deposit Insurance Corporation (USA), JPMorgan Chase
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown
    Hong Kong court recognises that crypto is property
    2023-04-27

    The Hong Kong High Court has found that cryptocurrencies are property in a landmark case, further boosting the city’s virtual asset industry and its ambition to become the Asian crypto hub.

    Filed under:
    Australia, Hong Kong, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Piper Alderman, Blockchain, Cryptocurrency, Ethereum, US Securities and Exchange Commission, FTX
    Authors:
    Michael Bacina , Steven Pettigrove , Jake Huang
    Location:
    Australia, Hong Kong
    Firm:
    Piper Alderman
    Colorado Supreme Court Confirms Bankruptcy Discharge Does Not Trigger Statute of Limitations to Recover Debt
    2023-04-28

    Colorado just became the latest state to recognize that a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of limitations period to recover the debt.

    Filed under:
    USA, Colorado, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Colorado Supreme Court
    Authors:
    Erin Edwards , Justin Balser
    Location:
    USA
    Firm:
    Troutman Pepper
    (UK) The Gloves are on for HMRC: What did we learn from the Great Annual Savings Sanction Hearing?
    2023-04-26

    Yesterday saw the end of a three-day sanction hearing for the restructuring plan (the “Plan”) of the Great Annual Savings (GAS) company, with Justice Adam Johnson reserving his judgment and importantly, his decision on whether to exercise cross-class-cram-down to sanction the Plan for a later date.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Squire Patton Boggs, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Could a director of an insolvent company, who was held to be in breach of his directorial duties, be ordered to draw down his personal pension benefits to pay a judgment debt?
    2023-04-26

    Could a director of an insolvent company, who was held to be in breach of his directorial duties, be ordered to draw down his personal pension benefits to pay a judgment debt?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Hill Dickinson, Insolvency, Pensions Act 1995 (UK)
    Authors:
    Emma Ahmed , Frances Bailey
    Location:
    United Kingdom
    Firm:
    Hill Dickinson
    Gambling Act White Paper: what you need to know
    2023-04-27

    The Government has finally issued its Policy Paper “High Stakes: gambling reform for the digital age”.

    Nigel Huddleston, Minister for Sport, Tourism and Leisure launched the Government’s call for evidence in December 2020. It has taken over two years for the Government’s response to be published.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Internet & Social Media, Leisure & Tourism, White Collar Crime, Keystone Law, Gaming, Anti-money laundering
    Authors:
    Richard Williams
    Location:
    United Kingdom
    Firm:
    Keystone Law

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