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    Future insolvency and business restructuring in Belgium: five things you need to know
    2023-04-12

    The Belgian legislator is preparing a legal framework on insolvency law to expand the restructuring toolbox. On 26 March 2023, a draft bill was published transposing EU Directive 2019/1023 on restructuring and insolvency. The Bill should be voted before the summer holidays. Our Restructuring & Insolvency team has identified five things you need to know about the upcoming changes.

    Filed under:
    Belgium, Insolvency & Restructuring, Litigation, NautaDutilh, Insolvency, European Commission, European Court of Justice
    Authors:
    Sophie Jacmain , Stan Brijs
    Location:
    Belgium
    Firm:
    NautaDutilh
    National insolvency inquiry: Corporate trustees
    2023-04-12

    On 28 September 2022, the Parliamentary Joint Committee on Corporate and Financial Services (“Committee”) began an inquiry into corporate insolvency in Australia, the first of its kind in over 30 years. The Committee invited submissions from interested persons and stakeholders to provide recommendations on how best to improve Australia’s corporate insolvency framework. Submissions have now closed, with contributions from over 50 industry bodies, government bodies and various representative bodies and groups.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Macpherson Kelley, Insolvency, Australian Taxation Office, Corporations Act 2001 (Australia)
    Authors:
    Jeffrey Siddle
    Location:
    Australia
    Firm:
    Macpherson Kelley
    Supreme Court holds that an application for withdrawal of corporate insolvency resolution process under IBC can be allowed even prior to the constitution of the committee of creditors
    2023-04-05

    A two-judge bench of the Supreme Court of India (“Supreme Court”) in its recent judgment Abhishek Singh v. Huhtamaki PPL Ltd.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Debtor, Insolvency, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Farhad Sorabjee , Pratik Pawar , Shanaya Cyrus Irani , Ananya Verma
    Location:
    India
    Firm:
    JSA
    Media Release: R&I activity strong as stormy seas tip companies from Black to Red
    2023-04-05

    Current economic conditions and market instability are likely to see more Australian companies fall into distress in 2023 — creating both opportunities for proactive restructuring as well as distressed asset sales.

    That's one of the predictions in this year's edition of From Red to Black, Clayton Utz's annual review of the dynamics of Australia's Restructuring and Insolvency (R&I) market.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Clayton Utz, ESG, Insolvency
    Location:
    Australia
    Firm:
    Clayton Utz
    German Federal Court clarifies an administrator's right of realisation in an insolvency
    2023-04-05

    The German Federal Court (BGH) has confirmed that section 166 of the German Insolvency Code (InsO) does not provide the administrator with a right to use or realise secured assets for the benefit of the insolvency estate other than movable assets or claims assigned by way of security.

    Background

    Under section 166 InsO an insolvency administrator may realise a movable asset in which a right to separate satisfaction exists if it is in the administrator's possession. The same applies to claims assigned by way of security.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency
    Authors:
    Dr. Josepha Biebl
    Location:
    Germany
    Firm:
    Taylor Wessing
    EU (Preventative Restructuring) Regulations 2022 - Directors Duties & Insolvency
    2023-04-05

    The European Union (Preventative Restructuring) Regulations 2022 (the “Restructuring Regulations”) were introduced on 27 July 2022 with immediate effect.

    You can read our overview of the regulations, specifically the changes they impose on the examinership process and a short overview of the changes imposed on the Companies Act 2014, here.

    Filed under:
    European Union, Company & Commercial, Insolvency & Restructuring, Lavelle Partners LLP, Insolvency
    Authors:
    Odhran Banim
    Location:
    European Union
    Firm:
    Lavelle Partners LLP
    Crypto assets in insolvency - key features and points to consider
    2023-04-04

    The so-called crypto-winter and associated high profile insolvencies of major players such as FTX, Three Arrows Capital and Genesis may have dampened enthusiasm for this new asset class in some quarters. However, while volatility is likely to be an ongoing characteristic in the short and medium term, it is probably better to view recent events as a period of market correction rather than the "beginning of the end" of crypto assets.

    The future for a new class of digital assets

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, Stevens & Bolton LLP, Blockchain, Bitcoin, Cryptocurrency, Non-fungible tokens, Metaverse, Insolvency, Bank of England, FTX, Financial Services and Markets Act 2000 (UK)
    Authors:
    Tim Carter
    Location:
    European Union, United Kingdom
    Firm:
    Stevens & Bolton LLP
    Hungarian restructuring plans: a more flexible solution for struggling companies?
    2023-04-05

    Restructuring proceedings in Hungary provide a more flexible solution than bankruptcy and liquidation proceedings and potentially an effective alternative for companies in financial difficulties.

    Key benefits

    Commencement pre-insolvency

    Filed under:
    Hungary, Insolvency & Restructuring, Taylor Wessing, Insolvency
    Authors:
    Torsten Braner
    Location:
    Hungary
    Firm:
    Taylor Wessing
    An unsuccessful resolution applicant has no Locus to challenge The Resolution Plan or its implementation
    2023-04-03

    Facts:

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Clasis Law, Insolvency, National Company Law Tribunal
    Authors:
    Aniketh Nair
    Location:
    India
    Firm:
    Clasis Law
    Insolvent contractors in New South Wales may be able to pursue debts through the Security of Payment Act regime
    2023-04-03

    On 17 February 2023, Justice Ball of the New South Wales Supreme Court handed down his decision in Kennedy Civil Contracting Pty Ltd (Administrators Appointed) v Richard Crookes Construction Pty Ltd; In the matter of Kennedy Civil Contracting Pty Ltd [2023] NSWSC 99.

    Facts

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Litigation, Gadens, Insolvency, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Matthew Taylor
    Location:
    Australia
    Firm:
    Gadens

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