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    Post-Petition Interest In A Solvent Bankruptcy: Resurrecting A Rule From 1898 Act vs. Applying Bankruptcy Code Language (Ultra vs. Hertz)
    2022-11-23

    Four decades and several years ago, Congress repeals the Federal Bankruptcy Act of 1898 and replaces it with the Bankruptcy Reform Act of 1978, aka the “Bankruptcy Code.”[Fn. 1]

    A decade later, Justices on the U.S. Supreme Court are still disparaging the new Bankruptcy Code as the “sweeping changes Congress instituted in 1978” and “the radical reforms of 1978.”[Fn. 2]

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Insolvency, US Congress, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Creditor secures appointment of High Court inspector to investigate alleged corporate fraud
    2022-11-23

    The High Court has made an order appointing an inspector to investigate alleged fraud and unlawful activity by a company. It appears that this is the first time the order has been made on the application of a creditor seeking to recover its “investment”.

    Part 13 of the Companies Act 20141 sets out the mechanism for the statutory investigation of the affairs of a company. Chapter 2 provides for the court appointment of an inspector to carry out a fact-finding investigation and report to the court. This is a discretionary relief.

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, McCann FitzGerald LLP, Due diligence
    Authors:
    Audrey Byrne , Áine Murphy
    Location:
    Ireland
    Firm:
    McCann FitzGerald LLP
    Crypto Company FTX Files Massive Bankruptcy in Delaware
    2022-11-21

    Another domino has fallen. Earlier this year, we wrote about the challenges facing the crypto industry that resulted in the bankruptcy filings of Three Arrows Capital, Celsius Network, and Voyager Digital. We noted that other crypto entities could also end up in chapter 11, and that prediction has proven correct.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Patterson Belknap Webb & Tyler LLP, Due diligence, Cryptocurrency, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA)
    Authors:
    Kimberly Black , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Arbitration Agreements May Be “Inoperative” In Face of Insolvency Proceedings, Supreme Court of Canada Holds
    2022-11-21

    On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41(“Peace River”), which addresses the interaction between insolvency law's single proceeding model and arbitration law’s emphasis on contractually bargained-for rights – an interaction often described as “a conflict of near polar extremes”.

    Filed under:
    Canada, Ontario, Arbitration & ADR, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Insolvency, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada
    Authors:
    Karen Fellowes KC , Ben Muller , Archer Bell
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Insolvenzanfechtung: Finanzielle Risiken solide absichern
    2022-11-21

    Unternehmen sind weiter unter Druck

    Seit Beginn der Covid-19 Pandemie Anfang 2020 ist unsere Wirtschaft im Krisenmodus. Immerhin haben staatliche Unterstützungsmaßnahmen die Anzahl der Unternehmensinsolvenzen während der Pandemie auf einem niedrigen Niveau gehalten. Zu erwähnen ist hier vor allem der zwischen den Kreditversicherern und der Bundesregierung abgestimmte Schutzschirm für Lieferketten: Der Bund hatte sich dazu verpflichtet, 2020 und 2021 eine Garantie für Entschädigungszahlungen der Kreditversicherer in Höhe von 30 Mrd. Euro zu übernehmen.

    Filed under:
    United Kingdom, Insolvency & Restructuring, WTW
    Authors:
    Stephen Kahlenberg
    Location:
    United Kingdom
    Firm:
    WTW
    After STA Travel was liquidated, did the customers, the bank or the creditors get any money?
    2022-11-21

    The COVID-19 Pandemic hit the travel industry hard. Borders were closed, airline fleets were grounded, travel bookings were cancelled, and travel agents were overwhelmed with customers wanting refunds.

    Many travel agents closed their doors because travel bookings dried up.

    STA Travel was one. Across 27 stores in Australia, STA Travel operated as a travel agent, booking travel for customers as agent for travel providers, mainly airlines and tour operators.

    Filed under:
    Australia, Aviation, Banking, Company & Commercial, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cordato Partners, Liquidation, Coronavirus, Insolvency, International Air Transport Association, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Autumn Statement: A major shift
    2022-11-18

    What does the Autumn Statement mean for business?

    2022 has been a bumper year for fiscal statements, with three separate Chancellors’ taking to the despatch box – each with very different approaches.

    Filed under:
    United Kingdom, Insolvency & Restructuring, FRP Advisory, HM Treasury (UK)
    Authors:
    Justin Matthews
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    Inspector Appointed to Company Following First Successful Application from a Creditor
    2022-11-18

    The High Court (Court) has appointed an inspector to investigate the affairs of a company following the first recorded application by a creditor, under Section 747 of the Companies Act 2014 (Act).

    The Facts

    The applicant, a creditor of WFS Forestry Ireland Limited (Company), and at least seventeen others, claimed that investments they made in the Company, in the form of loans and other advances, were not repaid when due.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, William Fry, Companies Act 2014 (Ireland)
    Authors:
    Lisa Carty , Deirdre O'Donovan , Alexandra Drummy
    Location:
    Ireland
    Firm:
    William Fry
    How to contingency plan for insolvency in a global supply chain
    2022-11-18

    Early contingency planning can significantly reduce the shock of customer or supplier insolvency

    In this edition of our distressed supply chains series, we consider the three key factors in contingency planning for potential insolvency in the supply chain, being (i) early planning analysis and due diligence, (ii) regular monitoring of key supply chain relationships; and (iii) taking early action if something goes wrong.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Osborne Clarke, Supply chain, Due diligence, Insolvency
    Authors:
    Sam Furse , Nigel Boobier
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    Between the lines- November, 2022
    2022-11-18

    November, 2022 For Private Circulation - Educational & Informational Purpose Only Between the lines... A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS ⁎ NCLT: A related party of the financial creditor is not barred under Section 29A of the IBC to submit a resolution plan. ⁎ NCLAT: Attachment of Corporate Debtor’s bank account by the Employees’ Provident Fund Organization cannot continue during Moratorium. ⁎ NCLT: Indemnity of obligations under an agreement is not a 'financial debt' under Section 5(8) of the Insolvency and Bankruptcy Code, 2016.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates

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