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    Restructuring and Insolvency in Australia - The Restructuring Review 2022
    2022-08-29

    This 2022 review provides an overview of recent Australian Restructuring and Insolvency activity along with the laws, their application and recent trends and development in restructuring and insolvency activity.

    Chapters:

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Projects & Procurement, Gilbert + Tobin, Supply chain, Coronavirus, Insolvency, Australian Securities and Investments Commission, Corporations Act 2001 (Australia), Companies Act 2006 (UK)
    Authors:
    Peter Bowden , Peter Hession
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Gym tenant and guarantor held liable for rent despite restructuring plan
    2022-08-25

    UK judgment is a prompt for landlords to consider all angles to maximise rent recovery in harsh economic conditions

    The UK High Court has ruled in in favour of a landlord whose original tenant and guarantor were held liable for the rent accrued on a gym in Leeds despite the subsequent assignee operating under a restructuring plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Osborne Clarke, Landlord, Insolvency
    Authors:
    Douglas Hawthorn , Donal Kelly , Colette Brimble
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    English High Court Grants Petropavlovsk Administrators Permission to Enter Into Sale Amidst Sanctions Concerns
    2022-08-25

    On 1 August 2022, the English High Court granted the administrators of Petropavlovsk PLC (the “Company”) permission to enter into a sale of its Russian assets to Russian entity UMMC-Invest (the “Proposed Sale”) amidst sanctions concerns.

    Filed under:
    Russia, United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, White Collar Crime, Morrison & Foerster LLP, Sanctions, Insolvency, Office of Financial Sanctions Implementation (UK)
    Authors:
    Howard Morris , Tola Adeseye
    Location:
    Russia, United Kingdom
    Firm:
    Morrison & Foerster LLP
    Upcoming changes to personal insolvency diligence and bankruptcy
    2022-08-25

    The Coronavirus (Recovery and Reform) Scotland Act was passed by the Scottish Government on 28 June 2022 and enacted on 10 August 2022 (the "Act"). It makes two key changes to insolvency and diligence in Scotland.

    Bankruptcy floor limit

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Brodies LLP, Coronavirus, Insolvency
    Authors:
    Eve Gilchrist , Lucy McCann , Iain Penman
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Court of Appeal of Ontario: room for constructive trusts in insolvency proceedings
    2022-08-25

    On July 13, 2022, the Court of Appeal for Ontario allowed an appeal from the Order of a bankruptcy judge in Sirius Concrete Inc. (Re), 2022 ONCA 524 (Sirius), which ruled that certain funds paid by a trade creditor formed part of the bankrupt’s estate. The issue on appeal was whether a constructive trust should be imposed over certain funds due to a claim of unjust enrichment arising from alleged fraudulent misrepresentations made by the bankrupt on the eve of its bankruptcy filing.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Insolvency, Court of Appeal for Ontario
    Authors:
    Jack Maslen , Anthony Mersich
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    How should the UK manage the failure of stablecoin firms?
    2022-08-25

    In May 2022, HM Treasury published a consultation to take views on how best to regulate the failure of stablecoin companies using pre-existing insolvency legislation. Stablecoin companies are classed by the UK Government as systemic “digital settlement asset” (DSA) firms. A large failure could have a significant disruptive effect on the economy, so the area requires robust statutory processes in place to manage any wind-down.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Stewarts, Cryptocurrency, Insolvency, Financial Conduct Authority (UK), HM Treasury (UK), US Department of the Treasury, Bank of England
    Authors:
    Tim Symes
    Location:
    United Kingdom
    Firm:
    Stewarts
    Singapore’s Restructuring and Insolvency Regime Is a Tool for Local and International Companies
    2022-08-26

    Restructuring debt obligations under Singapore law can be an attractive option for companies seeking debtor-led reorganisations, as the country aims to be a centre for debt restructuring in Asia. There are options for non-Singapore companies to take advantage of the jurisdiction’s scheme of arrangement regime.

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Morgan, Lewis & Bockius LLP, Cryptocurrency, Coronavirus, Insolvency, UNCITRAL
    Location:
    Singapore
    Firm:
    Morgan, Lewis & Bockius LLP
    A Twist in the Tale - Has the Supreme Court diluted the Insolvency and Bankruptcy Code?
    2022-08-24

    Premise

    Since the advent of the Insolvency & Bankruptcy Code, 2016 (“IBC”), the insolvency law regime in India has been consolidated and uniformized. Courts have repeatedly held that the IBC is a code in itself and that one need not look elsewhere in deciding matters under it.

    Filed under:
    Global, India, Insolvency & Restructuring, Litigation, Khaitan Legal Associates, Bankruptcy, Insolvency, Reserve Bank of India, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Sakate Khaitan , Dhiraj Mhetre , Smiti Tewari , Shreyas Lele
    Location:
    Global, India
    Firm:
    Khaitan Legal Associates
    Corporate insolvency rates cause for concern
    2022-08-25

    The corporate insolvency statistics for Q2 2022 paint a worrying picture for UK businesses. With inflation at a 40-year high, fuelled by soaring gas and electricity bills, food prices and wage increases, the cost of living crisis is taking hold across the economy.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, Stevens & Bolton LLP, Value added tax, Coronavirus, Commercial tenant, Company voluntary arrangement, Insolvency, HM Revenue and Customs (UK)
    Authors:
    Matthew Padian , Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Construction owner receivership: Clarifying construction lien holdback priority when there are multiple building mortgages
    2022-08-23

    It is common for construction project owners to finance projects through multiple mortgages, especially in times of rising construction costs. However, when an insolvency situation arises, holdback priority claims from contractors and subcontractors are particularly complex when there are multiple building mortgages involved. The Ontario Superior Court (Commercial List) provided new clarity in this regard in its April 29, 2022 decision in BCIMC Construction Fund Corp. et al.

    Filed under:
    Canada, Construction, Insolvency & Restructuring, Litigation, Projects & Procurement, Gowling WLG, Insolvency, Receivership
    Authors:
    Sahil Shoor , Michael Piaseczny
    Location:
    Canada
    Firm:
    Gowling WLG

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