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    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Courts' reluctance to condemn liquidators could spur further regulatory guidance, following first test of new insolvency laws
    2023-12-20

    Despites its recent failure in case against an administrator in a phoenixing case, ASIC could snatch long-term victory from the jaws of defeat with clear regulatory guidance for insolvency practitioners.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Insolvency, Australian Securities and Investments Commission
    Authors:
    Jennifer Ball
    Location:
    Australia
    Firm:
    Clayton Utz
    Does 2023 mark a turning point for UK corporate insolvencies?
    2024-01-31

    2023 marked the highest annual number of corporate insolvencies since 1993, according to figures released by The Insolvency Service this week. While creditors’ voluntary liquidations remained by far the most commonly used process, 2023 saw increases across all processes tracked by the Insolvency Service.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Supply chain, Liquidation, Coronavirus, Insolvency, Insolvency Service (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Nicholas Cooper , Emma Gateaud , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Water special administration regime - what are the key changes?
    2024-01-30

    Like many other strategically important sectors, there has long been a bespoke insolvency regime for the water sector. New legislation has been brought into effect in January 2024 as a first step to bringing the special administration regime for water (the SAR) up to date with the general UK insolvency regime.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Insolvency
    Authors:
    Emma Gateaud , Frederick Money , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    2023 recap - what’s new for creditors in Germany on insolvency claw-back?
    2023-12-19

    As the festive season approaches, it is time to take stock of the three 2023 most important decisions of the German Federal Court of Justice (Bundesgerichtshof, BGH) on claw-back issues in insolvency.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, ESG, Insolvency, Federal Court of Justice
    Authors:
    Susanne Hoerrmann , Patrick Schroeder
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer
    Navigating Asset Tracing Challenges in Bankruptcy
    2023-12-11

    This article originally appeared on Law360.

    The uptick in bankruptcy cases will mean more work for insolvency professionals who specialize in asset tracing. Some of the most interesting work will arise in cases where companies engaged in significant fraud.

    Each bankruptcy cycle has these cases. In 2001, Enron Corp. filed for bankruptcy. In 2008, there was Bernie Madoff. The latest example is FTX Trading Ltd.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Insolvency, FTX, Supreme Court of the United States, Fourth Circuit, U.S. Court of Appeals
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Gambling White Paper: Improved transparency on customer funds in the event of insolvency
    2023-12-20

    On the 29 November 2023, the Gambling Commission (“GC”) released its second set of consultations on the Gambling White Paper which covers five key areas: 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Leisure & Tourism, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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