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    When is an Officeholder Considered to Have “Adopted” an Employment Contract in Hungary?
    2025-11-27

    The concept of an insolvency officeholder “adopting” employment contracts—well-established in UK administration law—does not have a direct equivalent in Hungarian insolvency practice. Nonetheless, understanding when a court-appointed trustee or restructuring administrator assumes employment obligations is crucial for both practitioners and employees.

    Hungarian Context

    In Hungary, the key officeholders in insolvency or restructuring proceedings are:

    Filed under:
    Hungary, Employment & Labor, Insolvency & Restructuring, Litigation, Katona & Partners, Insolvency
    Authors:
    Dr. Géza Katona
    Location:
    Hungary
    Firm:
    Katona & Partners
    Federal Court Restores Commercial Reality and Clarifies the Law on Liquidators' Powers
    2025-11-27

    Introduction

    On 12 November 2025, the Federal Court delivered an important judgment that brings much-needed clarity to the powers, responsibilities, and protections available to liquidators acting under the Companies Act 2016 ("CA 2016").

    The decision provides authoritative guidance on what constitutes "costs and expenses of winding up" under section 527(1)(a), and on the high threshold applicable to efforts to remove or sue a liquidator.

    Brief background

    Filed under:
    Malaysia, Company & Commercial, Insolvency & Restructuring, Litigation, Shearn Delamore & Co
    Authors:
    Rabindra S. Nathan , Sathya Kumardas
    Location:
    Malaysia
    Firm:
    Shearn Delamore & Co
    Federal Court in London Biscuits: What Insolvency Practitioners Must Know About Liquidators’ Powers and Priority Payments
    2025-11-24

    Introduction

    The Federal Court has recently delivered a decision in the case of Victor Saw Seng Kee v Wong Weng Foo & Co; London Biscuits Berhad (In Liquidation) (Civil Appeal No.: 02(f)-61-12/2024) ("London Biscuits"), addressing four important questions of law. This ruling provides clarity on the powers of liquidators, the role of creditors in appointing liquidators, and the treatment of employee-related payments during winding up.

    Background and Procedural History

    Filed under:
    Malaysia, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Chua See Hua , Janice Ooi
    Location:
    Malaysia
    Firm:
    Christopher & Lee Ong
    Reverse CIRP: A Homebuyer-Centric Shift in Real Estate Insolvency
    2025-11-24

    The insolvency framework governing real estate projects in India has undergone a significant transformation with the recognition of “Reverse CIRP”, a judicial innovation designed to protect homebuyers’ interests while ensuring completion of stalled real estate projects. This mechanism was recently endorsed by the National Company Law Appellate Tribunal (“NCLAT”) in the Satish Chander Verma v. Grand Reality Private Limited[1] ("Grand Reality Case").

    Filed under:
    India, Insolvency & Restructuring, Litigation, Real Estate, TLH Advocates & Solicitors, Insolvency, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal, Real Estate
    Location:
    India
    Firm:
    TLH Advocates & Solicitors
    River Island and Poundland - a consolidated framework for the court’s exercise of cross class cram down discretion
    <br>
    2025-11-10

    The UK retail sector faces ongoing challenges from shifts in consumer behaviour and persistent economic pressures. In this light, Part 26A of the Companies Act 2006 has become a vital mechanism for struggling companies, enabling them to undertake a holistic restructuring, effectively using one process rather than combining the Part 26 scheme technology with the CVA as had been the case prior to the introduction of the restructuring plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields, Senior Managers and Certification Regime, Office of Foreign Assets Control (USA), Companies Act 2006 (UK)
    Authors:
    Katharina Crinson , Ken Baird , Diallo Williams
    Location:
    United Kingdom
    Firm:
    Freshfields
    Supreme Court of India lays down the criteria for identifying ‘speculative investors’ in the real estate sector, disentitles them from availing the provisions of Insolvency and Bankruptcy Code, 2016
    2025-11-10

    The Supreme Court of India (“Supreme Court”), in Mansi Brar Fernandes vs. Shubha Sharma and Anr. inter alia held that ‘speculative investors’ cannot be permitted to initiate Corporate Insolvency Resolution Process (“CIRP”) under the Insolvency and Bankruptcy Code, 2016 (“IBC”) and has laid down certain key principles and criteria for determining who a ‘speculative investor’ would be.

    Brief facts

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Farhad Sorabjee , Pratik Pawar , Shanaya Cyrus Irani , Sanjana Pandey
    Location:
    India
    Firm:
    JSA
    Full Court confirms answer to limitation period question on voidable transactions
    2025-11-06

    Commissioner of Taxation v Runcity [2025] FCAFC 152 is the most recent decision arising from litigation involving disqualified liquidator, David Iannuzzi. In previous decisions, Mr Iannuzzi was found to have mismanaged the liquidation of 23 companies and was banned from practising as a liquidator for ten years. Eight of those companies (Companies) were deregistered between 2015 and 2016.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Ironbridge Legal
    Authors:
    Blake Shaw
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Private Client Briefing - Spring 2025
    2025-11-04

    Johnson v His Majesty's Attorney-General [2025] EWHC 1943

    The English High Court decision of Johnson v His Majesty's Attorney-General [2025] EWHC 1943 is the first time that an English court has sealed a non-royal will, contrary to the ancient tradition that wills are available to the public.

    Background

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Russell McVeagh
    Authors:
    Nathaniel Walker , Priscilla Brown , Joanna Trezise , Greg Neill , Tim Clarke , Tony Sycamore
    Location:
    New Zealand, United Kingdom
    Firm:
    Russell McVeagh
    Acquisition of assets from a company declared bankrupt
    2025-11-03

    Executive Summary:

    Filed under:
    Mexico, Insolvency & Restructuring, Litigation, Santamarina y Steta SC, Due diligence, Insolvency
    Authors:
    Alejandro Escamilla
    Location:
    Mexico
    Firm:
    Santamarina y Steta SC
    Court of Appeal confirms a Luxembourg Sub-Fund is not an “unregistered company” capable of being wound up under the Insolvency Act 1986
    2025-11-03

    On 3 September 2025, the Court of Appeal handed down judgment in East Riding of Yorkshire Council v KMG SICAV-SIF-GB Strategic Land Fund [2025] EWCA Civ 1137, confirming that a “dedicated fund” of a Luxembourg specialised investment company was not an “unregistered company” within the meaning of section 220 of the Insolvency Act 1986 (the “Act”), and therefore could not be wound up by the court under section 221 of the Act.

    Filed under:
    Luxembourg, United Kingdom, Insolvency & Restructuring, Litigation, McDermott Will & Schulte LLP, Articles of association, Companies Act 2006 (UK)
    Authors:
    Jack Thorne , Harry Denlegh-Maxwell
    Location:
    Luxembourg, United Kingdom
    Firm:
    McDermott Will & Schulte LLP

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