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    Банкрутство в період дії воєнного стану: що встановлено новими законами
    2024-01-25

    Зміст

    Filed under:
    Ukraine, Insolvency & Restructuring, GOLAW
    Authors:
    Kateryna Tsvetkova
    Location:
    Ukraine
    Firm:
    GOLAW
    What Is the Absolute Priority Rule and How Does It Affect Payment on My Claim In Chapter 11 Bankruptcy?
    2024-01-25

    Under the Absolute Priority Rule, for a Chapter 11 plan to be confirmable, claims of a higher priority must be paid in full in order for lower priority claims to receive any recovery, and all creditors must be paid in full in order for equity interest holders to retain any interest in the debtor, or receive any distribution under the plan. The Absolute Priority Rule is embodied in Section 1129(b)(2) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Delaware Court of Chancery Clarifies Fiduciary Limitations on Controlling Stockholder’s Exercise of Voting Power
    2024-01-25

    In a landmark decision,[1] the Delaware Court of Chancery addressed, for the first time, the precise duties that a controlling stockholder owes, and the standard of review that will apply, when a controlling stockholder takes actions to block a board of directors’ desired course of action — such as by removing directors or enacting a bylaw requiring a unanimous vote for board action

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Private equity, Delaware Court of Chancery
    Authors:
    Christopher Chuff , Taylor B. Bartholomew , Matthew M. Greenberg , Joanna J. Cline , Tyler Wilson
    Location:
    USA
    Firm:
    Troutman Pepper
    Act 1015 of Ghana Opens Statutory Gate for Cross-Border Insolvency Proceedings
    2024-01-25

    The Corporate Insolvency and Restructuring Act, 2020 (Act 1015) introduced for the first time in the Ghanaian jurisdiction, cross-border insolvency proceedings. The cross-border insolvency proceedings aim to achieve among others, legal certainty for trade and investment, protection and preservation of investment and employment, fair and efficient administration of cross-border insolvencies that protect the interests of creditors and debtors and other interested persons.

    Act 1015 provides for cross-border insolvency proceedings in instances where assistance is required,

    Filed under:
    Ghana, Insolvency & Restructuring, Litigation, Meritas
    Authors:
    Gertrude Assan , Abdul-Lateef Shaibu
    Location:
    Ghana
    Firm:
    Meritas
    Judge, Jury and Investigator: Court of Appeal Outlines Scope of Liquidator's Investigative Duties and Powers
    2024-01-24

    Introduction

    When a company is being wound up, its liquidators have powers to investigate into the company's affairs and dealings. Such powers are for the purpose of discharging their duties as officers of the court to steward the estate in liquidation.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Insolvency
    Authors:
    Vikram Nair , Foo Xian Fong
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Restructuring Downloaded: Episode 1
    2024-01-24

    Click here to listen to the audio.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Mayer Brown, Economic Crime (Transparency and Enforcement) Act 2022 (UK)
    Authors:
    Nicola Hughes , Amy Jacks
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    CFPB Amicus Brief Supports FDCPA Claim for Unknowing Stay Violation
    2024-01-22

    On January 2, the Consumer Financial Protection Bureau (CFPB) filed an amicus curiae brief urging the U.S. Court of Appeals for the First Circuit to reverse a district court’s decision finding that a debt collector lacked the requisite knowledge and intent to violate the Fair Debt Collection Practices Act (FDCPA) when it sent a debt-collection communication prior to any knowledge of the debtor’s bankruptcy filing.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Consumer Financial Protection Bureau (USA), US Congress, Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Stefanie H. Jackman , Deborah Kovsky-Apap , Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    Validity of Ipso Facto Clauses in Employment Contracts
    2024-01-22

    This 2nd article in our 2-part series on ‘Employment Contracts vis-à-vis CIRP’ examines the validity of ipso facto clauses which permit employees to terminate their employment on the occurrence of an insolvency event; and acknowledges the duelling priorities of upholding contractual freedom and ensuring that the debtor remains a ‘going concern’.

    Filed under:
    India, Employment & Labor, Insolvency & Restructuring, Litigation, Bharucha & Partners, Employment contract, ipso facto, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Ayesha Bharucha
    Location:
    India
    Firm:
    Bharucha & Partners
    Directors' duties: Are you aware of the "creditor duty"?
    2024-01-23

    We have recently published a few blogs on the hot topic of company insolvencies, including more specifically about:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, Brodies LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Lucy McCann , Nicky-Ray Watson
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Surprise At Oral Arguments In U.S. Trustee v. Hammons: Viability of Prospective-Relief-Only
    2024-01-23

    Oral arguments happened on January 9, 2024, at the U.S. Supreme Court in U.S.Trustee v. Hammons.Here is a link to the transcript of those arguments.

    The Hammons question is this:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC

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