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    Leasing Agreements in Quebec: True Lease or Financing Lease in the Context of an Insolvency?
    2024-09-11

    One of the main advantages for a debtor to seek protection under the Companies’ Creditors Arrangement Act (CCAA) or the Bankruptcy and Insolvency Act (BIA) is the stay of proceedings that prevents creditors faced with a default in payment from taking any action against the debtor. This allows the debtor, among other things, to reorganize itself or dispose of some or all of its assets under the court’s supervision. Be that as it may, there are exceptions.

    Filed under:
    Canada, Quebec, Insolvency & Restructuring, Litigation, Real Estate, Blake, Cassels & Graydon LLP
    Authors:
    Sébastien Guy , Philippe Dubois , Youssef Kabbaj , Viorelia Guzun , Justin Allard
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Tracing and recovering cryptoassets for Cayman and BVI insolvency practitioners
    2024-09-09

    In many of the recent insolvencies of digital asset companies, liquidators have been appointed over companies in which digital assets have been fraudulently transferred from wallets controlled by an insolvent company into other unidentified wallets in foreign jurisdictions.

    The anonymity of cryptoassets causes serious difficulties for insolvency practitioners in identifying the third parties who received funds and the location of the digital wallets.

    Filed under:
    British Virgin Islands, Cayman Islands, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Ogier, Know your customer, Blockchain, Bitcoin, Cryptocurrency, Anti-money laundering, Non-fungible tokens, Insolvency
    Authors:
    Gemma Bellfield (nee Lardner) , Nicholas Brookes , Corey Byrne , Romauld Johnson
    Location:
    British Virgin Islands, Cayman Islands
    Firm:
    Ogier
    Insolvent tenants? Landlords beware: When a Court will stop you from taking possession of your property
    2024-09-04

    If a tenant appoints a voluntary administrator, the Corporations Act protects the administrator from Landlords who would otherwise be able to re-enter the premises.

    It is important to act decisively to recover possession of your premises before an administrator is appointed.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Hamilton Locke, Landlord, Deed of company arrangement, Insolvency, Corporations Act 2001 (Australia)
    Authors:
    Brit Ibanez , Hugh Farquhar
    Location:
    Australia
    Firm:
    Hamilton Locke
    When should you walk away from a business deal?
    2024-09-23

    In the high-stake world of business, deals are often framed as life-or-death decisions. The pressure to close can feel insurmountable, particularly when the stakes are high, and the future of your company hangs in the balance. However, there is no deal you absolutely have to do. No matter how tempting or necessary a deal might appear, the power to walk away is one of the most valuable assets you can wield.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Keystone Law
    Authors:
    Jaan Larner
    Location:
    United Kingdom
    Firm:
    Keystone Law
    Failing In Bankruptcy To Schedule A Potential Lawsuit—Judicial Estoppel? (LeGree v. City of Waterbury)
    2024-09-19

    Question: What happens when a Chapter 7 debtor:

    • fails to disclose the existence of claims against third parties;
    • receives a Chapter 7 discharge and a closing of the Chapter 7 case;
    • then, pursues the undisclosed claims by filing a lawsuit against the third parties; and
    • the defendants in that lawsuit move to dismiss debtor’s claim for non-disclosure in the Chapter 7 bankruptcy?

    That actually happened—and a U.S. District Court refused to dismiss the debtor’s lawsuit on summary judgment:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Categorisation of Fixed and Floating Charges
    2024-09-16

    Categorisation of a charge as fixed or floating will have a significant impact on how assets are dealt with on insolvency and creditor outcomes.

    Typical fixed charge assets include land, property, shares, plant and machinery, intellectual property such as copyrights, patents and trademarks and goodwill.

    Typical floating charge assets include stock and inventory, trade debtors, cash and currency, movable plant and machinery (such as vehicles), and raw materials and other consumable items used by the business.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    John Alderton , Russ Hill , Monika Lorenzo-Perez , Charlotte Møller , Devinder Singh , Jon Chesman , Helena Clarke , Vanessa Stuart , Oliver Ward-Jones , Jennifer Jones , Sabina Khan , Rachael Markham , Rebecca Terrace , Emily Davis , Jenny Cooper , Chris Paschali
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    ML Covered - September 2024
    2024-09-11

    Welcome to the second edition of ML Covered, our new monthly round-up of key events that are relevant for those dealing with Management Liability Policies covering D&O, EPL and PTL-type risks.

    Latest insolvencies figures & quantifying "trading misfeasance" claims

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Unfair dismissal, Anti-bribery and corruption, Insolvency Service (UK), Supreme Court of the United States
    Authors:
    Rachael Healey , Matthew Watson , Kim Wright , Zoe Melegari , Andrew Oberholzer
    Location:
    United Kingdom
    Firm:
    RPC
    Potential Benefits of Chapter 11 Bankruptcy for Retailers Facing Higher Interest Rates and High Inflation
    2024-09-09

    The current environment of higher interest rates and high inflation may have a deleterious effect on the retail industry. Although the fear of interest rates and inflation continuing to rise appears to have tapered off, both are still relatively high in comparison to the past twenty-year period. Each on its own can have a negative impact on the retail industry, and unfortunately, both combined can present enough challenges to a retail businesses to force them to change strategies for long-term survival.

    Filed under:
    USA, Insolvency & Restructuring, McGuireWoods LLP
    Authors:
    Alexandra Shipley , Krunal K. Patel
    Location:
    USA
    Firm:
    McGuireWoods LLP
    BHS directors ordered to pay over £100m in respect of trading misfeasance redress
    2024-09-04

    On 19 August 2024, the High Court handed down its quantum decision in Wright v Chappell [2024] EWHC 2166 (Ch), which for the first time sets out the method for quantifying loss relating to "trading misfeasance" claims.

    Introduction

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, RPC, Insolvency, High Court of Justice (England & Wales)
    Authors:
    Zoe Melegari , Cory Gilbert-Haworth
    Location:
    United Kingdom
    Firm:
    RPC
    A Year in Review - Top 5 Offshore Dispute Issues
    2024-09-23

    1.All eyes on redemption right

    Redemption rights have increasingly been under the spotlight in the past year, as more and more investors contemplate an exit from under-performing investments.

    As the redemption of shares involves a return of capital, it is prohibited under Cayman Islands law except to the extent permitted by statute. Section 37 of the Cayman Islands’ Companies Act (the Act) provides:

    Filed under:
    British Virgin Islands, Cayman Islands, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Appleby
    Authors:
    Eliot Simpson , Crystal Au-Yeung , Damon Booth , Denise Tse , Ray Leung
    Location:
    British Virgin Islands, Cayman Islands
    Firm:
    Appleby

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