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    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
    The rise of “Consolidated Insolvency” in real estate sector
    2023-04-03

    Introduction

    Filed under:
    India, Insolvency & Restructuring, Litigation, Real Estate, Acuity Law, Insolvency, Aon, National Company Law Tribunal
    Authors:
    Souvik Ganguly , Altamash Qureshi , Shrishti Mishra
    Location:
    India
    Firm:
    Acuity Law
    With the news of increased insolvencies in the Construction Sector, what protections, as Employer, can I put in my contract?
    2023-04-03

    With insolvencies expected to increase in the UK’s construction industry this year, as higher interest rates, inflation and an anticipated domestic recession dampen demand for housing and new commercial projects, we are often asked what protections an Employer can put in place in their contract to assist in the event of their contractor going into insolvency.

    These issues should be considered at the time of entering into contracts and we have set out below some useful provisions which may assist should an insolvency occur during a project. These are:

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Morton Fraser MacRoberts, Supply chain, Insolvency
    Authors:
    Julie Scott-Gilroy
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Return to Chester: A Primer on a Municipality’s Eligibility for Bankruptcy
    2023-03-31

    When can a municipality declare bankruptcy under chapter 9 of the Bankruptcy Code? An issue explored the headline-grabbing chapter 9 case of Detroit, that’s the question illuminated by a decision dealing with the travails of Chester, Pennsylvania, issued by the United States Bankruptcy Court for the Eastern District of Pennsylvania (“Bankruptcy Court”) on March 14, 2023.

    Chester’s Long Road to Insolvency

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Insolvency
    Location:
    USA
    Firm:
    Reed Smith LLP
    Foreign Representative's Failure to Communicate with Bankruptcy Court Warrants Closure of Chapter 15 Case
    2023-03-30

    Like debtors, bankruptcy trustees, official committees, examiners, and estate-compensated professionals, foreign representatives in chapter 15 cases have statutory reporting obligations to the bankruptcy court and other stakeholders as required by the plain language of the Bankruptcy Code. Such duties include the obligation to keep the U.S. bankruptcy court promptly informed of changes in either the status of the debtor's foreign bankruptcy case or the status of the foreign representative's appointment in that case. Furthermore, chapter 15 provides a U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Insolvency, UNCITRAL
    Authors:
    Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Píldoras Concursales Marzo
    2023-03-30

    Introducción

    En este mes comienzan a publicarse algunas resoluciones interesantes en aplicación de la Ley 16/2022 en relación a planes de restructuración y nombramientos de experto. En este campo preconcursal tan de moda son especialmente reseñables:

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Ashurst, Bankruptcy, Insolvency
    Authors:
    Jorge Vazquez , Jose Christian Bertram , José Antonio Rodríguez , José Ramón Casado
    Location:
    Spain
    Firm:
    Ashurst
    Chapter 15 Recognition Limited to Foreign Insolvency, Liquidation, or Restructuring Proceedings
    2023-03-30

    In In re Global Cord Blood Corp., 2022 WL 17478530 (Bankr. S.D.N.Y. Dec. 5, 2022), the U.S. Bankruptcy Court for the Southern District of New York denied without prejudice a petition filed by the joint provisional liquidators for recognition of a "winding-up" proceeding commenced under Cayman Islands law.

    Filed under:
    USA, Compliance Management, Insolvency & Restructuring, Litigation, Jones Day, Corporate governance, Mediation, Articles of association, Insolvency, UNCITRAL
    Authors:
    Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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