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    Centralization in Canadian Insolvency Proceedings
    2022-12-08

    Commercial insolvency can affect stakeholders located in multiple jurisdictions and possessing diverse legal rights. A recent notable trend in Canadian insolvency law is the centralization in insolvency proceedings, where courts have recognized that an effective restructuring of an insolvent business may depend on the centralization of stakeholder claims in a single proceeding. This applies even when such an approach would be inconsistent with the parties’ contractual rights, statutory laws or Canada’s federal structure outside of the insolvency context.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Mediation, Insolvency, Supreme Court of Canada, Ontario Superior Court of Justice, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    Claire Hildebrand
    Location:
    Canada
    Firm:
    Blake, Cassels & Graydon LLP
    Priority to Proceeds of Sale of Bankrupt's Property - Contests between Judgment Creditor and Estate
    2022-12-09

    Introduction

    The questions of who has priority over a bankrupt's assets and precisely when the priority arises are important ones in bankruptcy. For judgment creditors who have already taken steps towards enforcement, the answer affects whether they will have prior rights to the bankrupt's property, ahead of the bankrupt's other creditors.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Insolvency
    Authors:
    Wilson Zhu
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Investment Fund Activity in US Debt Restructurings
    2022-12-09

    Elizabeth McColm, Brian Bolin and Grace Hotz, Paul Weiss Rifkind Wharton & Garrison

    This is an extract from the 2023 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Global Restructuring Review, Collateral (finance), Private equity, Debtor in possession, Debt restructuring, Insolvency
    Location:
    USA
    Firm:
    Global Restructuring Review
    The first case in Japanese history where the debtor used simplified rehabilitation proceedings as a tool to “cram down” minority lenders
    2022-12-09

    Restructuring & Insolvency Newsletter

    December 2022 (Vol.1)

    The first case in Japanese history where the debtor used simplified rehabilitation proceedings as a tool to "cram down"

    minority lenders

    I. Introduction II. Overview of the procedures used

    - Turnaround ADR and simplified rehabilitation proceedings

    III. Marelli case IV. Expected future developments

    Mori Hamada & Matsumoto

    Filed under:
    Japan, Insolvency & Restructuring, Litigation, Mori Hamada & Matsumoto, Coronavirus, Insolvency
    Location:
    Japan
    Firm:
    Mori Hamada & Matsumoto
    Corporate Insolvency and Restructuring in the Wider Commonwealth Caribbean
    2022-12-09

    Stuart Cullen and Benjamin Drakes, Dentons LLP

    This is an extract from the 2023 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Anguilla, Antigua, Bahamas, Barbados, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, Saint Kitts, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, Turks & Caicos Islands, Insolvency & Restructuring, Litigation, Global Restructuring Review, Liquidation, Insolvency
    Location:
    Anguilla, Antigua, Bahamas, Barbados, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, Saint Kitts, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, Turks Caicos Islands
    Firm:
    Global Restructuring Review
    Global Restructuring around the world: Brazil
    2022-12-09

    Renato G R Maggio, Renata Oliveira, Camilo T Gerosa Gomes and Karina Ferraz Deorio, Machado Meyyer Advoggados

    This is an extract from the 2023 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Brazil, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Global Restructuring Review, Debtor in possession, Insolvency
    Location:
    Brazil
    Firm:
    Global Restructuring Review
    English court assists cryptocurrency fraud recovery - case relevant in other common law jurisdictions, including Australia
    2022-12-07

    In the recent case of LMN v Bitflyer Holdings Inc & Ors [2022] EWHC 2954, the High Court of England and Wales made orders directed at a number of cryptocurrency exchanges requiring them to provide information in relation to misappropriated crypto assets.

    Filed under:
    Australia, Singapore, United Kingdom, England & Wales, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Ironbridge Legal, Fraud, Dispute resolution, Cryptocurrency, Asset recovery, Insolvency, House of Lords
    Authors:
    Trevor Withane
    Location:
    Australia, Singapore, United Kingdom
    Firm:
    Ironbridge Legal
    Wirecard shareholder claims for damages rank behind all creditor claims in landmark insolvency ruling
    2022-12-08

    Shareholders are among the many who have lost money in the multi-billion euro insolvency of the former DAX30 payment provider Wirecard and its allegedly fraudulent business practices. Wirecard had to file for insolvency after assets worth €1.9bn could not be found. Collectively, the shareholders claimed around €7bn in damages for intentional capital markets law violations by former Wirecard executives. Unsurprisingly, the shareholders are now trying to minimise their losses and secure at least partial payment on their claims from the insolvency estate.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Insolvency, Federal Court of Justice
    Authors:
    Patrick Schroeder
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer
    Last chance to get it right - pleading causation and quantum arising under s.212 (misfeasance) and/or s.214 (wrongful trading) Insolvency Act 1986.
    2022-12-08

    In a recent decision Chandler -v- Wright [2022] EWHC 2205 (Ch) - Mr Justice Edwin Johnson in the High Court has found that myriad claims against the former directors of the retailer BHS fall to be struck out in the context of the high-value, complex litigation being brought by the joint liquidators of the BHS companies against the former directors of those companies.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Hill Dickinson, Insolvency
    Location:
    United Kingdom
    Firm:
    Hill Dickinson
    English Court considers whether a transfer of shares is good consideration to a validate a charge
    2022-12-08

    Re Bitumina Industries Ltd (in administration); Manning and another v Neste AB and another [2022].

    This was an application by joint administrators for directions on the validity of a floating charge granted to a connected party at a 'relevant time' and seemingly invalid under s245 of the Insolvency Act 1986 (the Act).

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Taylor Wessing, Insolvency
    Authors:
    Callum Chamberlain , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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