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    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
    Pouring Oil on Troubled Waters? New UK Special Insolvency Regime Is Now on Tap
    2024-03-25

    The UK water industry is rarely out of the headlines, whether for operational performance issues or reports of perpetual financial distress. It may therefore be more than a coincidence that the UK government has chosen now to introduce new rules for the special administration regime (SAR) that applies to water companies.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Latham & Watkins LLP, Insolvency, House of Lords
    Authors:
    Bruce Bell , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Ten things for companies to consider if served with a winding up petition
    2024-03-25

    Occasionally an invoice slips through the net and does not get paid, or payment is delayed due to issues with the goods or services being provided.

    Where the debt is for £750 or more, an impatient creditor may serve a statutory demand or a winding up petition if it considers there to be no reason for the delay.

    If this happens, deal with the situation immediately as the consequences of failing to do so can be very damaging to the company's reputation and finances; even if it is not ultimately wound up.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Insolvency
    Authors:
    Jason Freedman , Charlotte Howell , Kate Robards
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    What doomsday prepper and opportunist Boards should both know about distress
    2024-03-22

    Unless you’ve been living under a rock, you’ll know that commodity prices are in the doldrums and that the outlook in the near term is not particularly positive. How should Boards prepare? Combine that with current inflation, interest rate and other cost of living pressures that continue to dominate public discourse and you can understand why many Boards and executives in the resources sector are having some sleepless nights. FY24 is also on track to have more insolvencies than FY23. By December FY24 insolvency activity was up 33.79% on the same time in FY23.

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, King & Wood Mallesons, Insolvency, Australian Securities Exchange
    Authors:
    Jack Hill , Amanda Isouard , Samantha Kinsey
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    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

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