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    Using a statutory demand to pressure a subcontractor may be an abuse of process
    2024-08-22

    Newstart Homes Australia Pty Ltd v Kodiak Concrete Pty Ltd [2024] QSC 129

    Key takeout

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, MinterEllison, Insolvency, Corporations Act 2001 (Australia)
    Authors:
    David Pearce
    Location:
    Australia
    Firm:
    MinterEllison
    Becker v Ford
    2024-05-03

    The judgment of Chief ICC Judge Briggs in Becker (A Bankrupt) v Ford & Ors [2024] EWHC 1001 (Ch) provides a useful summary of the matters to which the court should have regard when considering an application to lift the suspension of a bankrupt’s discharge.

    Filed under:
    United Kingdom, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Wedlake Bell, Insolvency
    Authors:
    James Latham
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    New UAE Bankruptcy Law: What you need to know
    2024-05-03

    The New Bankruptcy Law (Federal Law Decree No 51 of 2023) came into effect in UAE on 1 May 2024, replacing the previous law (Federal Decree-Law No 9 of 2016). While maintaining much of the old law's structure, it introduces significant changes for creditors and debtors, including the recognition of both natural and legal persons as 'debtors'. The law retains emergency financial crisis provisions from the old law and is expected to impact restructuring and insolvency cases in the UAE.

    Introduction

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP, Insolvency
    Authors:
    Robin Hickman , Philip Chalmers , Maral Nafar , Gemma Gregory , Charles Newman
    Location:
    United Arab Emirates
    Firm:
    Addleshaw Goddard LLP
    UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law
    2024-05-03

    The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Latham & Watkins LLP, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Bruce Bell , Stuart Davis , Gabriel Lakeman , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    The extent of, and the limits to, the definition of ‘Secured Property’
    2024-05-02

    In the decision in Woodhouse, in the matter of Panoramic Resources Limited [2024] FCA 449, handed down this week (1 May 2024) by Feutrill J, the Federal Court of Australia considered the meaning of ‘Secured Property ‘as defined in a specific security deed and the extent to which phrases such as ‘…in respect of’ could expand the types of collateral the subject of that defined term (and hence the collateral the subject of the specific security d

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Insolvency
    Authors:
    Orla McCoy , Tom Gardner , Dom McGreal , Anna Schwartz
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Singapore: Singapore International Commercial Court recognises Garuda’s Indonesian restructuring in landmark decision
    2024-03-18

    In brief

    On 18 January 2024, the Singapore International Commercial Court (SICC) issued its decision in Re PT Garuda Indonesia (Persero) Tbk [2024] SGHC(I) (“Re Garuda Indonesia“), which was the SICC’s first decision on an application under the UNCITRAL Model Law on Cross-Border Insolvency (as enacted in Singapore in the Third Schedule of the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) (“Singapore Model Law“)).

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Baker McKenzie, Insolvency, Singapore High Court, Singapore International Commercial Court
    Authors:
    Nandakumar Ponniya , Emmanuel Chua , Darrell Lee
    Location:
    Singapore
    Firm:
    Baker McKenzie
    Real Estate: IBBI Notifies Project Wise Resolution Rules
    2024-03-21

    The real estate industry forms a significant portion of the flourishing Indian economy. However, it is also plagued with inordinate delays, cash-flow issues and anguished homebuyers. The Insolvency and Bankruptcy Board of India (“IBBI”) has recently added to the array of steps being taken to address these issues. 

    Filed under:
    Global, India, Insolvency & Restructuring, Litigation, Real Estate, Khaitan Legal Associates, Insolvency, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), Supreme Court of India, Real Estate
    Authors:
    Satyasrikant Vutha
    Location:
    Global, India
    Firm:
    Khaitan Legal Associates
    Avoidance rights in Bosnia and Herzegovina
    2024-03-22

    On 7 December 2022, the EU Commission published a draft directive harmonising certain aspects of insolvency law, which is now undergoing EU legislative procedure. In light of this the proposal, this article provides an overview of the current state of avoidance rights regulation under the insolvency legal framework in Bosnia and Herzegovina.

    Insolvency avoidance rights regulation in Bosnia and Herzegovina

    Filed under:
    Bosnia and Herzegovina, European Union, Insolvency & Restructuring, CMS Reich-Rohrwig Hainz, Insolvency, European Commission
    Authors:
    Andrea Zubović-Devedžić , Zerina Spahic
    Location:
    Bosnia and Herzegovina, European Union
    Firm:
    CMS Reich-Rohrwig Hainz
    Avoidance actions in Serbia and in Montenegro: An overview
    2024-03-22

    In response to the EU Commission's proposal for a directive to harmonse specific elements of insolvency law on 7 December 2022, this article explores avoidance actions, one of the Directive Proposal’s key aspects, and the way avoidance actions are regulated in Serbia and Montenegro as EU candidate countries.

    In the context of insolvency proceedings, avoidance actions involve the annulment of transactions undertaken by the insolvent debtor before the initiation of insolvency proceedings.

    Avoidance actions in Serbia

    Filed under:
    European Union, Montenegro, Serbia, Insolvency & Restructuring, CMS Reich-Rohrwig Hainz, Insolvency, European Commission
    Authors:
    Nenad Kovacevic , Dunja Grujičić
    Location:
    European Union, Montenegro, Serbia
    Firm:
    CMS Reich-Rohrwig Hainz
    Jet Airways’ Return to the Skies
    2024-03-22

    After a long and arduous litigation Jet Airways’ insolvency woes have finally reached a conclusion. At least that is the hope unless the litigation is taken to the Supreme Court. Having said that, the National Company Law Appellate Tribunal (“NCLAT”) in its decision dated 12.03.2024, in Company Appeal (AT) (Insolvency) No. 129 & 130 of 2023, approved the transfer of ownership of Jet Airways to the Jalan Kalrock Consortium (“JKC”). This hopefully leads the path for the commencement of a new era for the airline.

    Filed under:
    India, Aviation, Insolvency & Restructuring, Litigation, JSA, Insolvency, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Poonam Verma Sengupta , Pradyumn Amit Sharma
    Location:
    India
    Firm:
    JSA

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