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    SDIF starting to repay depositors of Bank Asya
    2016-12-07

    Recent Development

    Filed under:
    Turkey, Banking, Insolvency & Restructuring, Baker McKenzie, Deposit insurance
    Authors:
    Muhsin Keskin , Dr. Erdal Ekinci
    Location:
    Turkey
    Firm:
    Baker McKenzie
    Fight with COVID-19: Turkish Enforcement and Bankruptcy Proceedings Suspended
    2020-03-23

    Recent Development

    In scope of the various response measures implemented by the Turkish government to prevent the spread of the coronavirus (COVID-19) in Turkey, the President of the Turkish Republic issued the "Decree to Suspend Enforcement and Bankruptcy Proceedings" on March 22, 2020, in accordance with Article 330, "Suspension In Case of Emergency", of the Enforcement and Bankruptcy Law ("EBL").

    What Does the Decision Say?

    Filed under:
    Turkey, Insolvency & Restructuring, Litigation, Baker McKenzie, Coronavirus
    Authors:
    Koray Sogut
    Location:
    Turkey
    Firm:
    Baker McKenzie
    Financial Restructuring vs. Konkordato/Composition (Turkish Scheme of Arrangement)
    2019-10-31

    I. DEFINITIONS

    "Banking Law" means the Banking Law of Turkey No. 5411.

    "BRSA" means the Banking Regulatory and Supervisory Authority of Turkey.

    "Creditors" means Turkish banks, financial leasing companies, factoring companies and financing companies and Foreign Credit Institutions and International Organizations.

    Filed under:
    Turkey, Banking, Insolvency & Restructuring, Insurance, Baker McKenzie
    Location:
    Turkey
    Firm:
    Esin Attorney Partnership
    Bank allowed to allege fraud in second ‘Kick at the Can’
    2019-03-29

    When a plaintiff obtains a judgment from the court, that party is normally precluded from starting another lawsuit seeking the same judgment debt from the defendant.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Ben Sakamoto , Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Australia: Voting assigned debts in Australian formal insolvencies - old dog, new tricks under the Insolvency Practice Rules
    2018-12-19

    What you need to know

    On 7 December 2018, amendments to the Australian Insolvency Practice Rules(Corporations) came into effect, which overhaul the manner in which assigned debts can be deployed in formal corporate insolvencies. These changes have the potential to significantly impact commonly used techniques for a solvent parent/group entity looking to control the formal insolvency of a subsidiary or affiliate.

    Filed under:
    Australia, Insolvency & Restructuring, Baker McKenzie
    Authors:
    David Walter , Heather Sandell
    Location:
    Australia
    Firm:
    Baker McKenzie
    Hong Kong: Court of Appeal clarifies principles regarding overstatement of debt in a statutory demand
    2022-08-03

    In brief

    In Chan WS and Chan CNP v. CC Bank [2022] HKCA 1037 ("CA Decision"), the Court of Appeal (CA) recently overturned a decision in the Court of First Instance (CFI) to set aside two statutory demands (SDs) on the ground of overstatement of the debt in the SDs ("CFI Decision").

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Cynthia Y.S. Tang , Bryan Ng , Cheryl Tang , Stephanie Sze
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    5. Yargı Paketini İçeren Kanun Teklifi Meclis’in Gündeminde!
    2021-11-22

    Yeni Gelişme

    5. Yargı Paketi olarak da anılan İcra ve İflas Kanunu ile Bazı Kanunlarda Değişiklik Yapılması Hakkında Kanun Teklifi (“Teklif”), TBMM Adalet Komisyonu tarafından kabul edildi. Kabul edilen Teklifin kanunlaştırılması doğrultusunda Salı günü TBMM Genel Kurulu’nda görüşmeler başladı. Söz konusu Teklif ile icra ve iflas süreçlerinde iş yoğunluğunun azaltılması ve verimliliğin artırılması amacıyla İcra ve İflas Kanunu’nda önemli değişiklikler öngörülüyor.

    Filed under:
    Turkey, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Ismail G. Esin , Yalın Akmenek , Koray Sogut
    Location:
    Turkey
    Firm:
    Esin Attorney Partnership
    China and Hong Kong: Mainland and Hong Kong agree framework for mutual judicial recognition and assistance in corporate insolvency and debt restructuring
    2021-06-28

    In brief

    On 14 May 2021, the Supreme People’s Court (SPC) and the Hong Kong government agreed a framework (“Framework”) for judicial cooperation in corporate insolvency and debt restructuring.  Under the Framework:

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Kwun-Yee Cheung , Edmund Ma
    Location:
    China, Hong Kong
    Firm:
    Baker McKenzie
    Australia: Big trouble in small business restructuring
    2021-03-16

    In brief

    Creditors commonly find that their applications to wind up a company are suddenly deferred at the last minute by the appointment of a voluntary administrator.  Now, in the early days of the small business restructuring (Part 5.3B) process, the courts are already grappling with those circumstances in the context of that new regime. At the time of writing1, only four restructuring appointments under Part 5.3B have been notified to ASIC. Two of them have been the subject of court proceedings.

    The resulting decisions reveal:

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Ian Innes , Maria O'Brien , Peter Lucarelli
    Location:
    Australia
    Firm:
    Baker McKenzie
    It is here: the Dutch Scheme of Arrangement
    2020-10-07

    The current Dutch Bankruptcy Code dates back to 1893 when it was first enacted, has aged nicely and still functions well despite the now existing international financial markets and complex financial instruments that could not have been imagined 127 years ago. Although many changes were made since its inception, the Dutch Bankruptcy Code has never had a major overhaul, even though many initiatives were launched over the years.

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Baker McKenzie, Coronavirus, Title 11 of the US Code
    Location:
    Netherlands
    Firm:
    Baker McKenzie

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