This recent interlocutory decision in The Deposit Guarantee Fund for Individuals (" the DGF") v Bank Frick & Co AG ("Bank Frick") & Anor deals another blow to the DGF in its recent attempts to pursue claims in England which allegedly arise following the 2014-15 banking crisis in Ukraine.
Background
What is SCARP?
On 7 December 2021, the Companies (Rescue Process for Small and Micro Companies) Act 2021 (SCARP) came into operation.
This week’s TGIF considers a recent decision that provides guidance on how and when a liquidator can sell partnership assets held by an insolvent corporate partnership manager to satisfy creditors’ claims.
Key Takeaways
Introduction
National Company Law Tribunal (“NCLT”) was introduced in the Companies Act, 1956 in the year 2002. However, despite that, the erstwhile Company Law Board continued to function and NCLTs remained only on the statute book. It was only in late 2016 when the Insolvency & Bankruptcy Code, 2016 (“IBC”) was notified, that the NCLTs became operational.
Exclusive Jurisdiction
The new formal rescue process for small and medium sized companies, SCARP, is now formally a part of Irish law. The legislation underpinning the new rescue process was officially commenced on Tuesday 7 December 2021.
INTRODUCTION
This newsletter covers key updates about developments in the insolvency law during the month of November 2021.
El Consejo de Ministros ha acordado extender el plazo de solicitud de la financiación avaladapor el Instituto de Crédito Oficial (ICO), CESCE o CERSA (la financiación avalada), así como elevar los umbrales económicos relativos a la refinanciación de la misma, trasladando dichas modificaciones al Código de Buenas Prácticas.
The 9th Circuit Bankruptcy Appellate Panel recently reinforced a Pennsylvania bankruptcy court case that was among the first to extend the U.S. Supreme Court’s City of Chicago v. Fulton ruling (which held that mere retention of vehicles repossessed pre-petition would not violate the automatic stay) to the context of account garnishments.
In this article, Dentons gives its inside view on the pre-pack evaluator's report, made compulsory earlier this year to improve the confidence of creditors in pre-pack administration sales to connected persons. We consider the practicalities of selecting the right evaluator for the job, the potential for "opinion shopping" from evaluators and whether these new regulations have achieved what was intended.
A recap on pre-packs
Where it appears that there has been concealment or removal of valuable assets and little to no co-operation from the directors in the course of a liquidation, the section 530C warrant procedure in the Corporations Act 2001 (Cth) has proven to be an effective means of obtaining information regarding company books and assets.