The recent bankruptcy filings of Voyager Digital Holdings, Inc. (Voyager) and Celsius Network LLC (Celsius) have abruptly introduced many customers to the bankruptcy process for the first time. Lowenstein Sandler’s experienced bankruptcy and crypto practices are monitoring these cases–and the entire crypto market–to help keep crypto customers and other interested parties educated and informed with respect to the bankruptcy process and what to expect going forward.
Who Is Protecting Your Rights?
The International Risk Management Institute defines a Third-Party Administrator (TPA) as a firm that handles various types of administrative responsibilities, on a fee-for-services basis.1 These responsibilities are generally executed for insurance carriers and typically include claims administration, loss control, risk management information systems, and risk management consulting.
The Supreme Court in its recent judgement Kotak Mahindra Bank Limited v. Kew Precision Parts Private Limited & Others1, has held that an application to initiate corporate insolvency resolution process (“CIRP”) against a corporate debtor is maintainable in respect of a time barred debt, if the debtor has after the expiry of the limitation period, agreed to repay the same.
Brief Facts
In The Australian Sawmilling Company Pty Ltd (in liq) v Environment Protection Authority [2021] VSCA 294 (Australian Sawmilling), the Victorian Supreme Court of Appeal (VSCA) dismissed an appeal by the liquidators of The Australian Sawmilling Company Pty Ltd (TASCO) against a decision of Garde J of the Victorian Supreme Court (VSC) setting aside the liquidators’ disclaimer of land subject to significant environmental ‘clean up’ costs (Primary Judgment).
BITE SIZE KNOW HOW FROM THE ENGLISH COURTS
Maritime
Introduction
BVI | CAYMAN ISLANDS | GUERNSEY | HONG KONG | JERSEY | LONDON mourant.com 2021934/84097043/1 GUIDE Insolvency procedures for Guernsey companies Last reviewed: August 2022 Contents Introduction 2 Modern corporate insolvency proceedings 2 Administration 2 Liquidation 3 Voluntary liquidation 3 Compulsory liquidation 3 Scheme of arrangement 4 Statutory process 4 Three-stage mechanism 4 Approval and challenges 4 Receivership 5 The traditional procedures 5 Désastre 5 Saisie 6 Out-of-court restructurings and consensual workouts 6 Legislative changes 6 Conclusion 7 Contacts 7 BVI | CAYMAN ISLANDS |
There are various ways to wind up or liquidate a limited liability company. Each method will essentially realise the assets of the company and distribute the proceeds to the company’s creditors or shareholders, but they are individually unique as to the processes that need to be followed.
One such method is a Creditors’ Voluntary Liquidation.
What is a Creditors’ Voluntary Liquidation?
Courts Now Have More Discretion Regarding Plans of Arrangement Under Alberta's Amended Business Corporations Act
There is much to report since our last update on Voyager Digital’s bankruptcy case discussed here.