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    Spain overhauls commercial courts role in insolvency reforms
    2022-10-25

    Commercial court powers have been amended to achieve the speed and efficiency required by EU regulations.

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Litigation, Osborne Clarke, Insolvency, European Council
    Authors:
    Rafael Montejo , Anton Vives , Maria Daniel
    Location:
    European Union, Spain
    Firm:
    Osborne Clarke
    What impact would a UK downturn have on the workforce solutions sector?
    2022-10-25

    Eight lessons from previous recessions

    It does not take a professional economist to predict that a serious economic downturn is possible in the UK. Given that workforces will be impacted by this, many companies providing workforce support services are likely to be particularly affected.

    Filed under:
    United Kingdom, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Tax, Osborne Clarke, Climate change, Supply chain, Due diligence, Digital transformation, HM Revenue and Customs (UK), LinkedIn, Criminal Finances Act 2017 (UK)
    Authors:
    Frances Lewis , Kevin Barrow , Shaziya Kurmani , Chris Benjamin
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    Show some respect - Court of Appeal affirms primacy of exclusive jurisdiction clause in bankruptcy proceedings
    2022-10-25

    The Hong Kong Court of Appeal has confirmed that the court should respect the effect of an exclusive jurisdiction clause in bankruptcy proceedings, just as it does in ordinary civil actions. To do otherwise, it said, it would be illogical.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells, Court of Final Appeal (Hong Kong)
    Authors:
    Jonathan Leitch , Hillary Neger , Nigel Sharman
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Guide to Restructuring in Australia - Liquidation
    2022-10-25

    Object

    Liquidation involves the collection of the company's assets, the realisation of those assets and the distribution of the proceeds of their sale to the company's creditors.

    Process of appointing liquidator

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ashurst, Liquidation, Deed of company arrangement, Insolvency, Australian Securities and Investments Commission
    Location:
    Australia
    Firm:
    Ashurst
    Guide to Restructuring in Australia - Informal workouts
    2022-10-25

    Introduction

    Informal workout agreements can renegotiate, delay, reduce or waive pre-existing debts owed by a company. For the debtor company, the main purpose of entering into an informal workout is to obtain agreements from its creditors to relinquish rights and refrain from enforcing certain debt covenants. The following are some commonly used informal workout mechanisms:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Ashurst, Insolvency, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Ashurst
    New Insolvency Bills Proposed in Parliament
    2022-10-25

    Three bills are being read in Parliament proposing new insolvency-related legislation and amendments:

    Filed under:
    Malta, Insolvency & Restructuring, MAMO TCV Advocates, Insolvency
    Authors:
    Mikiel Calleja , Tessa Borg Bartolo
    Location:
    Malta
    Firm:
    MAMO TCV Advocates
    How the Common Law Of ABCs And Bankruptcy Work Together (In re Computer World)
    2022-10-25

    Illinois follows the common law of assignments for benefit of creditors (“ABC”): a non-judicial, trust-like process for liquidating a failed business.

    That ABC process can work, hand-in-hand, with the Bankruptcy Code. The case of In re Computer World Solutions, Inc., Case No. 07-21123, Northern Illinois Bankruptcy Court, shows us how.

    FACTS

    Debtor is an importer and distributor of computer monitors, televisions and other electronic products, owing $20 million to Bank, which holds a first-lien on virtually all of Debtor’s assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Germany: In reaction to the energy crisis - Further relief from the obligation to file for insolvency
    2022-10-26

    In brief

    Filed under:
    Germany, Insolvency & Restructuring, Baker McKenzie, Coronavirus, Insolvency, Federal Court of Justice
    Authors:
    Joachim Ponseck , Artur Swierczok , Tim Kerim Hosgör LL.B.
    Location:
    Germany
    Firm:
    Baker McKenzie
    The Role of a Creditors’ Committee to Investigate, Preserve, and Pursue Causes of Action in Crypto Bankruptcies
    2022-10-26

    Lowenstein Sandler’s previous articles on crypto bankruptcies discussed the role of a creditors’ committee in protecting the rights of customers and confirmation issues arising in crypto cases. This article will delve deeper into the administration of a crypto bankruptcy case by discussing the role of a creditors’ committee in investigating, preserving, and pursuing causes of action for the benefit of a debtor’s creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP
    Authors:
    Jeffrey Cohen , Andrew David Behlmann , Phillip Khezri
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    Landmark Privy Council ruling establishes scope and ranking of ex-trustees’ interest in an insolvent trust
    2022-10-26

    Jersey law ruling will have far reaching ramifications for trust administration in common law jurisdictions

    Filed under:
    Jersey, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Protection and indemnity, Insolvency, Trustee, Courts of Jersey
    Authors:
    Richard Norridge , Philip Lis , Hussein Mithani
    Location:
    Jersey, United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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