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    UK Special Insolvency Regime for Payment and Electronic Money Institutions prioritises return of customer funds
    2024-04-08

    A special administration regime for Payment and Electronic Money Institutions (PIs and EMIs) was established in The Payment and Electronic Money Institution Insolvency Regulations 2021 (the Regulations).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Taylor Wessing, Insolvency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK)
    Authors:
    Kirsten Fulton-Fleming , Charlotte Witherington
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    债务重组方案设计基本思路及中介机构角色作用探讨分析
    2024-03-07

    随着社会发展与商业模式的不断丰富,不同商事主体之间会因愈发复杂的交易往来产生繁多的债权债务关系,整体经济环境下行、转入逆周期的情况下,债务危机频频爆发,债务重组已成为债务危机化解的一种重要方式,而债务重组能否成功的关键因素取决于是否存在契合企业、债权人、投资人甚至政府或监管机关要求的重组方案,故债务重组方案的设计是债务重组的重中之重。本文结合相关项目经验,对债务重组方案设计的总体思路及流程,以及中介机构在重组方案设计时的角色作用提出探讨,以期更好地促进债务重组工作之推进。

    一、重组范围

    Filed under:
    China, Insolvency & Restructuring, Zhong Lun Law Firm
    Authors:
    Tang Jianhui , Rongjie Peng
    Location:
    China
    Firm:
    Zhong Lun Law Firm
    Landmark Enforcement of PPS Act Section 151: RPPS v Brookfield
    2024-03-07

    The decision in RPPS v Brookfield is the first recorded instance of s 151 of the PPSA being enforced (with a $30,000 penalty imposed for an improper registration). It serves as a caution to those making spurious registrations, but reasonably diligent and responsible parties should have no cause for alarm.

    Overview of section 151 of the Personal Property Securities Act 2009

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Personal Property Securities Act 2009 (Australia), Administrative Appeals Tribunal
    Authors:
    Orla McCoy , Peter Bowden , Anna Schwartz , Sofia Kranjec
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Insolvency Now (Issue 10): Business Insolvencies in Canada Hit a Record
    2024-03-06

    Insolvency Now Business Insolvencies in Canada Hit a Record Post-Pandemic High in 2023 Issue 10

    Filed under:
    Canada, Insolvency & Restructuring, Davies Ward Phillips & Vineberg LLP, Insolvency, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    Ireland v England examinerships and administrations
    2024-03-08

    Introduction

    The proud sporting nations of Ireland and England have for some time traded blows and bragging rights within the Six Nations Tournament as the two pre-eminent and consistent "Home Nations" rugby teams. While the two sides share some similarities in the rebuilding process following the World Cup in France 2023, ahead of this Saturday's clash, few can argue with Ireland's emphatic start to this year's tournament. England, however, can never be written off at Twickenham, so a potential blockbuster awaits!

    Filed under:
    Ireland, United Kingdom, England, Company & Commercial, Insolvency & Restructuring, Litigation, Dentons, Insolvency, Companies Act 2006 (UK)
    Authors:
    Gareth Steen , Gemma Freeman , Mark Price , Aaron McCarthy , Neil Griffiths
    Location:
    Ireland, United Kingdom
    Firm:
    Dentons
    The Interplay of Cryptocurrency with Insolvency Law: Singapore High Court clarifies that cryptocurrency liabilities are a debt under the Insolvency, Restructuring, and Dissolution Act 2018
    2024-03-08

    Introduction

    Filed under:
    Singapore, Banking, Compliance Management, Insolvency & Restructuring, IT & Data Protection, Litigation, Oon & Bazul LLP, Blockchain, Cryptocurrency, Non-fungible tokens, Insolvency, Singapore High Court
    Authors:
    Bazul Ashhab , Lionel Chan
    Location:
    Singapore
    Firm:
    Oon & Bazul LLP
    New South Wales Supreme Court rejects bid to advance small business restructuring
    2024-03-07

    In a proceeding brought by Mr Curran, in his capacity as the trustee for June Ellen Investment Trust (Plaintiff), to wind up Fitzgerald Housing Limited (formerly known as Kay Fitzgerald Housing Charity Limited) (Defendant), the New South Wales Supreme Court considered whether it was necessary to adjourn the winding up proceeding to allow the Defendant to advance a small business restructuring process (Restructuring).

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Gadens, Corporations Act 2001 (Australia)
    Authors:
    Guy Edgecombe
    Location:
    Australia
    Firm:
    Gadens
    Overview of section 151 of the Personal Property Securities Act 2009
    2024-03-07

    The decision in RPPS v Brookfield is the first recorded instance of s 151 of the PPSA being enforced (with a $30,000 penalty imposed for an improper registration). It serves as a caution to those making spurious registrations, but reasonably diligent and responsible parties should have no cause for alarm.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Gilbert + Tobin, Personal Property Securities Act 2009 (Australia), Administrative Appeals Tribunal
    Authors:
    Orla McCoy , Peter Bowden , Anna Schwartz , Sofia Kranjec
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Supremes First Side With 144 Claimants Against >82,000 Other Claimants, But Then Vacate: A Good Sign? (Lujan Claimants v. Boy Scouts)
    2024-03-07

    Congress, the federal appellate courts and the U.S. Supreme Court all need to recognize this historical reality:

    • bankruptcy is an efficient and effective tool for resolving mass tort cases, as demonstrated by cases with huge-majority approval votes from tort victims.

    And all those institutions need to prevent anti-bankruptcy biases, legal technicalities, and hold-out groups from torpedoing the huge-majority votes.

    Supreme Court moving in the right direction?

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    English Court sanctions McDermott restructuring plan
    2024-03-07

    On 27 February 2024, the High Court sanctioned a restructuring plan (the Plan) proposed by CB&I UK Limited (CB&I), part of the global McDermott construction and engineering group (the Group). This is the first English restructuring plan to be approved after the Court of Appeal judgment in Adler (see our Alert) and follows the guidance in that case.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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