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    Crypto Exchange Platforms Grapple with Consequence of Filing Bankruptcy
    2022-05-23

    In the world of cryptocurrency, exchange platforms act as intermediaries allowing investors to buy and sell assets while making money through commissions and transaction fees. Any assets purchased may be held in either non-custodial or custodial wallets. If a customer chooses a custodial wallet, the platform holds and manages the assets through a private key, which is a string of characters that serves as a password. If a key is lost or forgotten, it may be impossible to recover, resulting in the permanent loss of the asset.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Patterson Belknap Webb & Tyler LLP, Cryptocurrency
    Authors:
    Kimberly Black , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Continued increase in corporate insolvency in Scotland
    2022-05-23

    It would appear that the trend we reported in the rising numbers of Scottish corporate insolvencies is showing no let up.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Brodies LLP, Coronavirus
    Authors:
    Lucy McCann , Iain Penman , Eve Gilchrist
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Between the lines- May, 2022
    2022-05-23

    Between the lines... For Private Circulation-Educational & Information purpose only Vaish Associates Advocates… Distinct. By Experience. I. NCLT: Corporate debtor cannot be sent into liquidation just because liquidation value is more than the value of the resolution plan. The National Company Law Tribunal, Kolkata (“NCLT”) has in its order dated April 6, 2022, in the matter of CFM Asset Reconstruction Private Limited v. S. S. Natural Resources Private Limited and Another [IA No. 538/KB/2021 in CP (IB) No.

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Electric vehicle, Arbitral tribunal, Supreme Court of India
    Location:
    India
    Firm:
    Vaish Associates Advocates
    Literally Taking the Case
    2022-05-20

    IMAGINE THE FOLLOWING SCENARIO: WITHOUT FIRST CONSULTING ITS LAWYERS, your firm’s major client, Hapless Client, LLC (“Hapless”) entered into a horrible one-sided contract with Sketchy Business, Inc. (“Sketchy”). To make matters worse, Sketchy just filed a contract claim against Hapless to enforce that contract, and Sketchy’s complaint seeks massive damages that could put Hapless out of business permanently. An interview with Hapless confirms the truth of the essential allegations of the complaint.

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Schwartz & Kanyock LLC, Illinois Supreme Court
    Authors:
    Andrew R. Schwartz , John Cerney
    Location:
    USA
    Firm:
    Schwartz & Kanyock LLC
    A Divorce Lawyer's Guide to the Illinois Fraudulent Transfer Act
    2022-05-20

    Sometimes a dissipation-of-assets claim under the IMDMA isn't enough when a recalcitrant spouse hedes assets. Never fear - the Illinois Uniform Fraudulent Transfer Act may be the answer.

    Filed under:
    USA, Illinois, Family, Insolvency & Restructuring, Schwartz & Kanyock LLC
    Location:
    USA
    Firm:
    Schwartz & Kanyock LLC
    Insolvency Law Newsletter for April 2022
    2022-05-22

    このニュースレターは、2022年4月のインドの破産法の発展に関する重要な最新情報をカバーしています。

    Filed under:
    India, Insolvency & Restructuring, Acuity Law
    Location:
    India
    Firm:
    Acuity Law
    Winding up a company invested and managed in the Middle East - Al Najah Education Limited - [FSD 119 OF 2021(RPJ)]
    2022-05-23

    We have recently experienced an increase in mandates concerning disputes between shareholders and the Board of a Cayman company, which in many cases, leads to a shareholder applying to appoint provisional liquidators over the Company on a just and equitable basis. Therefore, we considered it important to remind those considering this remedy of the evidentiary hurdles they need to overcome to exercise it successfully.

    Filed under:
    Hong Kong, United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Walkers
    Authors:
    Cate Barbour , Luke Petith , Carly Kilshaw , Michael Testori , Tania Diab , Colette Wilkins
    Location:
    Hong Kong, United Arab Emirates
    Firm:
    Walkers
    J&J Talc Lawsuits Transferred to New Jersey—A Look into the Texas Two-Step Maneuver
    2022-05-23

    Last November, in In re LTL Mgmt. LLC, 1 Bankruptcy Judge Craig Whitley in Charlotte, North Carolina, ordered LTL Management LLC’s Chapter 11 bankruptcy case moved to New Jersey after finding that LTL Management had used the “Texas Two-Step” to manufacture jurisdiction in North Carolina improperly. LTL Management is a subsidiary of Johnson & Johnson (“J&J”) and a defendant in thousands of talc-related tort claim lawsuits.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP
    Authors:
    Douglas S. Mintz , Kelly (Bucky) Knight
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Statutory demands in the BVI: no longer truly optional?
    2022-05-23

    Statutory demands in the British Virgin Islands have long been a useful option for creditors of defaulting companies. Properly utilised, they either secure payment of the outstanding debt or provide the creditor with the benefit of a statutory presumption of insolvency to assist in their application to appoint a liquidator over the company.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Carey Olsen
    Location:
    British Virgin Islands
    Firm:
    Carey Olsen
    11th Circuit Approves of Third-Party Releases Despite Debtor’s Failure to Comply with Strict Notice Requirements of Bankruptcy Rules
    2022-05-19

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Eleventh Circuit
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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