In brief
The State Court of Appeals of São Paulo has recently decided that creditors cannot try to collect from the guarantors of a company that is under judicial reorganization. Until then, that court understood that guarantees could not be reduced or released based on the filing of judicial reorganization lawsuits, unless the creditor who held the guarantee expressly agreed.
In brief
Simplified Insolvency Programme (“SIP”)
In brief
The Insolvency, Restructuring and Dissolution Act (the IRDA) commenced on 30 July 2020. The IRDA is an omnibus legislation that consolidates Singapore's personal insolvency, corporate insolvency and debt restructuring laws into a single legislation. The IRDA will replace the Bankruptcy Act and the corporate insolvency and restructuring provisions in the Companies Act, each of which will be repealed. The IRDA also introduces new changes to the insolvency framework in Singapore.
Key changes to Singapore insolvency framework
In brief
The Chairman of the Supreme Court has just issued a decree on judicial guidelines for bankruptcy and court supervised restructuring (PKPU) processes ("Supreme Court Decree"), which sets out how Commercial Court judges are to manage bankruptcy and PKPU cases.
The Singapore Ministry of Law will introduce the COVID-19 (Temporary Measures) Bill (the Bill) in Parliament next week to address the impact of COVID-19 on businesses and individuals' ability to fulfil their contractual obligations. The Bill will also make some temporary changes relating to bankruptcy and insolvency.
The Bill will apply to various categories of contracts, including:
In re Markus, 607 B.R. 379 (Bankr. S.D.N.Y. 2019) [click for opinion]
2018 yazındaki kur şokuyla, "finansal yapılandırma" kavramı hayatımıza girdi.Borçlu şirketin mali yapısının elden geçirilip, mali stratejisinin tekrar belirlenmesi olarak tanımlanabilecek finansal yapılandırma; bir anda finansal kuruluşlarımızın en büyük gündemi haline geldi. İlgili kurumlarımız hemen müdahale edip, yapılandırma için yasal altyapıyı oluşturma yönünde çalışmaya başladı.
UNCITRAL has recently published its Model Law on Recognition and Enforcement of Insolvency-Related Judgments (MLREIJ), with a recommendation that nations adopt it into their domestic law. You can find a complete copy of the text of MLREIJ here (on the UNCITRAL website).
From a civil litigation and insolvency perspective, we look at the key impacts of the Hong Kong Courts’ recent General Adjournment of Proceedings (GAP) from 7 March 2022 to 11 April 2022 and related governmental closures.
Key Takeaways
1. The recent implementation of GAP has resulted in a de facto stay of new actions and proceedings, and adjournment of existing actions, including bankruptcy and winding-up petitions.
In brief