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    Hudson’s Bay Company: Debtor Can’t be Deprived of a Right It Doesn’t Have (Yet)
    1969-12-31
    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Supreme Court of Canada, Ontario Superior Court of Justice
    Authors:
    Adam C. Maerov , Jacob Stucken , Spencer Klug
    Firm:
    McMillan LLP
    Insolvency of Assent, LB and Oculus - what to do if your project is affected
    <br>
    2025-11-27

    On 6 November 2025, winding-up orders were made against Assent Building Control Compliance Limited (“Assent”) and its subsidiaries LB Building Control Limited (“LB”) and

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Devonshires, Insolvency, Insolvency Service (UK)
    Authors:
    Bethany Penman , Will O'Brien
    Location:
    United Kingdom
    Firm:
    Devonshires
    Voidable Transactions and Clawback Claims in Australian Insolvency
    2025-12-15

    What is insolvency?

    Insolvency is defined in section 95A of the Corporations Act 2001 (Cth)(Act) as the inability of a company to pay its debts when they fall due. Australian law applies a cash-flow test rather than a balance-sheet test, meaning the inquiry does not turn on the numerical gap between assets and liabilities.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ironbridge Legal, Insolvency, Australian Securities and Investments Commission
    Authors:
    Blake Shaw
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Opting Out of the Opt Out: SDNY Rejects Opt-Out Releases in Chapter 11 Plan
    2025-12-11

    Before the US Supreme Court’s landmark decision in Purdue Pharma,1 it had become common practice for Chapter 11 debtors to include a consensual or nonconsensual non-debtor third-party release in their plans of reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, GOL, Purdue Pharma, Supreme Court of the United States
    Authors:
    Daniel Shamah , Dale Davis
    Location:
    USA
    Firm:
    Cooley LLP
    When might an interim charging order becomes final following an intervening insolvency (UK)
    <br>
    2025-12-08

    On insolvency, the pari passu principle applies, meaning unsecured creditors rank equally in the distribution of available assets. That principle helps explain why a creditor who has obtained a judgment debt but has not completed enforcement (for instance by obtaining a final charging order) will usually be barred from doing so once insolvency intervenes.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Clearing up Misconceptions About Bankruptcy and Federal Tax Debt
    2025-12-04

    Bankruptcy and IRS tax debts are deeply misunderstood topics, often surrounded by confusion and anxiety.

    For individuals and businesses who know very little about these issues, it’s important to start with the basics – not all tax debts are wiped out by bankruptcy, and the rules for clearing IRS debts are complex. However, bankruptcy can provide relief, or at least breathing room, for those facing insurmountable tax bills.

    Here’s what you need to know, presented in practical terms for the average taxpayer.

    What Is Bankruptcy?

    Filed under:
    USA, Insolvency & Restructuring, Tax, Plunkett Cooney PC, Workplace harassment, Internal Revenue Service (USA), ASICS
    Authors:
    Joseph A. Peterson
    Location:
    USA
    Firm:
    Plunkett Cooney PC
    BGH decides on the exclusion for knowing breaches of duty in D&O coverage litigation
    2025-12-02

    A knowing breach of the payment prohibition under insolvency law cannot be inferred from a breach of the obligation to file for insolvency.

    Filed under:
    Germany, Insolvency & Restructuring, Insurance, Litigation, A&O Shearman, Insolvency, Federal Court of Justice
    Authors:
    Dr. Charlotte Willemer , Marc Zimmerling , Angélique Pfeiffelmann , Anna-Lena Lenk
    Location:
    Germany
    Firm:
    A&O Shearman
    Retail Therapy Denied: Court Dismisses Motion to Assign Hudson’s Bay Leases
    1969-12-31
    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Fasken, Ontario Superior Court of Justice
    Authors:
    Jessica Cameron , Tiffany Bennett , Sabiha Meghji
    Firm:
    Fasken
    Can screenshots be used as evidence of invoice delivery in Hungarian Insolvency proceedings?
    2025-12-19

    It is a recurring practical issue in insolvency proceedings how the creditor may prove that an invoice was duly communicated to the debtor. In a recent decision, the Hungarian court examined if screenshots taken from an electronic invoicing system suffice to prove delivery and awareness of an invoice, in the absence of traditional postal proof. In our article we analyse the decision.

    1. Facts of the case

    Filed under:
    Hungary, Insolvency & Restructuring, Litigation, SMARTLEGAL Schmidt & Partners, Liquidation, Insolvency
    Authors:
    Peter Gritta
    Location:
    Hungary
    Firm:
    SMARTLEGAL Schmidt & Partners
    Structuring options in distressed situations under Dutch law
    2025-12-15

    As economic pressures mount and corporate distress becomes increasingly prevalent, lenders and borrowers alike are seeking proactive strategies to safeguard their interests without resorting to immediate enforcement action or commence other restructuring or insolvency proceedings. Whilst lenders typically prefer to avoid the costs and complexities of accelerating loans or enforcing security, they require effective mechanisms to monitor deteriorating financial positions of the borrower and maintain influence over critical business decisions. 

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Stibbe, Non-disclosure agreement, Articles of association
    Authors:
    Barbra Bulsing
    Location:
    Netherlands
    Firm:
    Stibbe

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