In the recent Cayman Islands case of Re In the Matter of E-House (China) Enterprise Holdings Limited[1], dealing with creditors' schemes of arrangement, Justice Segal gave a helpful decision that provided judicial clarity on, among other matters, the potential impact of the recent sanctions regimes in the US, UK and Europe on the scheme, and the international effectiveness of the scheme.
Tahkim
Yargılama, devletin sahip olduğu ve mahkemeler aracılığıyla kullandığı bir erktir. Bununla beraber, karşılıklı mutabakat kapsamında kişilerin belirli şartlar sağlandığında uyuşmazlıkların çözümünü devletin yargısı yerine hakem adı verilen özel kişilere bırakması mümkündür.
Entrepreneurs in difficulty, who are struggling with the performance of a contract, may benefit from a restructuring procedure. Any restructuring procedure guarantees the protection of executed contracts, with the most effective solution being the reorganization procedure (postępowanie sanacyjne).
Summary
In the recent Court of Appeal decision Bacci v Green [2022] EWCA Civ 1393 the Court, upholding the decision of the High Court, held that a judgment debtor can be ordered to delegate authority to waive valuable tax protection and draw pension where doing so would enable creditors to extract what they were owed.
The Facts
In 2017, Matthew Green, son of established Mayfair art dealer Richard Green, committed fraud in obtaining loans from FundingSecure.
Supply chains are facing a fresh barrage of challenges. There are an almost infinite variety of issues that can arise within the supply chain. Minor irritants that historically may have just made business a bit more difficult to transact can, in the current environment, cumulatively exert significant pressure. Additionally, an over reliance on a third party or failure to spot the weakest links in this chain could have a catastrophic impact on your business
In our latest insight, we consider how to identify pinch points in your supply chain and de-risk them.
On 2 March 2023 the Supreme Court of Victoria published its reasons in the matter of Atlas Gaming Holdings Pty Ltd [2023] VSC 91 (the Atlas case) in which Gadens acted on behalf of the Liquidator of four companies seeking a pooling order pursuant to section 579E of the Corporations Act 2001 (Cth) (the Act). There have been very few judgments on section 579E which was introduced in 2007 by the Corporations Amendment (Insolvency) Act 2007 (Cth) Sch 1 items 133ff and operative from 31 December 2007.
This is the second in a two-part series article providing suggestions with respect to the recent discussion paper published by the MCA on 18 January 2023, proposing several major amendments to the IBC Code, 2016.
MCA’s recent discussion paper has proposed significant amendments to address several nagging issues in the working of the IBC. In the first part of this series, we highlighted some proposals that required a closer look. This piece discusses positive suggestions that could substantially improve the insolvency regime and enhance its efficiency.
Miles J’s judgment in Re Sova Capital Ltd [2023] EWHC 452 (Ch) will, like that of Jonathan Hilliard QC in Re Petropavlovsk Plc,be welcomed as a further example of the courts acting to assist insolvency practitioners selling assets in unusual circumstances.
On February 22, 2023, the United States Supreme Court (“the Supreme Court”) issued its Opinion in the matter of Bartenwerfer v. Buckley, No. 21-908, LEXIS 943 (Feb. 22, 2023), holding that per 11 U.S.C. § 523(a)(2)(A), a partnership member is not entitled to discharge a debt incurred by the fraud of another partnership member, regardless of the fact the innocent member had no knowledge of the fraud.
Background
Among the measures announced by the Prime Minister and Minister of Finance of Malaysia, Dato’ Seri Anwar Ibrahim, during his 2023 Malaysia Budget Speech on 24 February 2023 was a proposal to amend the Insolvency Act 1967 (‘the Act’) to enable bankrupts to be automatically discharged quickly.
The Finance Minister added that pending the amendment of the Act, “minor cases” involving debts of less than RM50,000 that fulfil the criteria will be immediately discharged beginning 1 March 2023.