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    New ruling reduces risk of clawback claims in a German restructuring
    2022-07-07

    In a ruling issued on 3 March 2022 (IX ZR 78/20) the German Federal Court (BGH) has again raised the requirements for proving that a debtor, when making a payment, intended to disadvantage their creditors.

    Background

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Leopold Bauer , Tobias Rhode
    Location:
    Germany
    Firm:
    Taylor Wessing
    July 15, 2022: The New Italian Code of Business Crisis and Insolvency
    2022-07-07

    There will be no further deferral of the entry into force of Legislative Decree No. 14 of 12 January 2019 (the new Italian Bankruptcy Law, also known as Code of the Business Crisis and Insolvency, "CCII"), which will fully replace the current Italian Bankruptcy Law.

    There will be no further deferral of the entry into force of Legislative Decree No. 14 of 12 January 2019 (the new Italian Bankruptcy Law, also known as Code of the Business Crisis and Insolvency, "CCII"), which will fully replace the current Italian Bankruptcy Law.

    Filed under:
    Italy, Insolvency & Restructuring, DWF LLP
    Authors:
    Matteo Pasculli
    Location:
    Italy
    Firm:
    DWF LLP
    Cryptocurrency Hedge Fund Three Arrows Capital and Platform Voyager Digital Resort to Bankruptcy for Relief
    2022-07-07

    The first week of July has brought with it a flurry of activity in the digital asset markets – but not the type of activity that investors in the space likely hoped for.

    Filed under:
    British Virgin Islands, USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Crowell & Moring LLP, Cryptocurrency
    Authors:
    Frederick (Rick) Hyman , Richard J. Lee
    Location:
    British Virgin Islands, USA
    Firm:
    Crowell & Moring LLP
    We Don’t Talk About Insolvency (No, No, No …)
    2022-07-07

    As a parent of three young children, Disney’s excellent new movie, Encanto, has been on heavy rotation in my household. It’s a story of an extended family whose members possess unique magical gifts. Through several humorous songs, the film reveals that the family has ostracized one member, Bruno, whose mystical visions of future calamities upset the rest of the family. Rather than confront the unpleasant aspects of the future, the family finds it easier to simply “not talk about” them, or Bruno.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Robins Kaplan LLP
    Authors:
    Thomas Berndt
    Location:
    USA
    Firm:
    Robins Kaplan LLP
    The Two Amigos become One Amigo
    2022-07-07

    Summary

    Almost a year to the day since the High Court rejected the Amigo loans group's previous proposal for a scheme of arrangement, on 23 May 2022, Mr Justice Trower sanctioned the group's latest scheme proposal which would create the conditions for the group to resume lending and resolve the claims of thousands of the group's customers arising from its lending practices.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Ben Ward
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Maryland Legal Alert - July 2022
    2022-07-07

    In This Issue:

    Filed under:
    USA, Maryland, Banking, Competition & Antitrust, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Corporate governance, Debtor, Mortgage loan, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA), Fourth Circuit
    Authors:
    Bryan M. Mull , Christopher R. Rahl
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    Enforcement of Judgments and Arbitral Awards in England and Wales
    2022-07-07

    Contents

    Filed under:
    Switzerland, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Fortior Law, Insolvency, Receivership, House of Lords, London Court of International Arbitration
    Authors:
    Vitaliy Kozachenko , Yelyzaveta Holovan
    Location:
    Switzerland, United Kingdom
    Firm:
    Fortior Law
    Remuneration of Insolvency Professionals - A Progressive and Performance Oriented Approach
    2022-07-04

    An Insolvency Professional (IP) is entrusted with the management and administration of a Corporate Debtor’s affairs throughout the Corporate Insolvency Resolution Process (CIRP). He is responsible for managing, operating, and running the Corporate Debtor as a going concern during the said period by taking over the day-to-day affairs of the Corporate Debtor, complying with all the applicable laws, etc.

    Filed under:
    India, Insolvency & Restructuring, Fox Mandal, Escrow, Remuneration, Insolvency and Bankruptcy Code (India)
    Authors:
    Orijit Chatterjee
    Location:
    India
    Firm:
    Fox Mandal
    How to enforce that judgment: Think like a bad debtor
    2022-07-04

    Companies work with experts to secure litigation favorable judgments only to face obstacles to enforcement. By learning how to “think like a bad debtor,” creditors can work with specialists to pursue multimillion judgments and uncollected awards.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Burford Capital
    Authors:
    Salina Brindle
    Location:
    USA
    Firm:
    Burford Capital
    Understanding the judgment order passed by NCLAT in the matter of vedanta firm twin stars Technologies Ltd.
    2022-07-04

    In the year 2018, Videocon, an Indian multinational business, ceased operations and declared corporate bankruptcy. The NCLT (National Company Law Tribunal) authorized Vedanta Groups, the parent company of Twin Star, to buy Videocon for Rs. 2,962 Crores in June 2021.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Sakshar Law Associates, Bankruptcy, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Sakshi Shairwal
    Location:
    India
    Firm:
    Sakshar Law Associates

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