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    Waldorf: the trilogy of Court of Appeal cases applied - restructuring plan not sanctioned
    <br>
    2025-08-21

    In a significant further application of the Court of Appeal’s reasoning in Adler, Thames Water and Petrofac, the High Court declined to sanction a cross-class cram down restructuring plan proposed by Waldorf Production UK Plc.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Freshfields, HM Revenue and Customs (UK), Office of Foreign Assets Control (USA), Companies Act 2006 (UK)
    Authors:
    Chloe Ball , Katharina Crinson , Catherine Balmond
    Location:
    United Kingdom
    Firm:
    Freshfields
    Dilapidations claims at risk as tenant insolvency rises
    2025-08-21

    In a difficult economic climate, commercial landlords may fear that tenant insolvencies mean no one will foot the bill for dilapidations claims at lease expiry – but they are not without recourse.

    Filed under:
    United Kingdom, Construction, Environment & Climate Change, Insolvency & Restructuring, Litigation, Real Estate, Charles Russell Speechlys, ESG, Insolvency, HM Revenue and Customs (UK)
    Authors:
    Emma Humphreys
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Case Commentary: Natixis, Singapore Branch V Seshadri Rajagopalan And Others And Other Appeals [2005] SGCA 29
    2025-08-20

    A. Introduction

    The Singapore’s Court of Appeal’s recent decision in Natixis, Singapore Branch v Seshadri Rajagopalan and others and other appeals [2025] SGCA 29 serves as an important decision for the intersection between insolvency and admiralty laws. The decision addresses a dispute concerning admiralty statutory liens, examining whether the judicial managers of an insolvent ship owning company acted wrongfully by procuring the offshore arrest and judicial sale of a vessel, despite the appellants having issued admiralty in rem writs against it in Singapore.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, PDLegal LLC, HSBC, Singapore High Court
    Authors:
    Peter Doraisamy
    Location:
    Singapore
    Firm:
    PDLegal LLC
    Worldwide Freezing Order for £5m granted against directors for alleged misfeasance
    2025-08-14

    Nicola Sharp looks at the reasons why the court granted a £5m WFO against directors of a company in liquidation.

    The High Court has granted a Worldwide Freezing Order to the value of over £5 million against directors of a company in liquidation, who are also husband and wife.

    The couple, Sameer Rizvi and Iryna Dubylovska were the only acting directors and shareholders of the company.

    Underlying claim for misfeasance

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Rahman Ravelli, Asset recovery
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    IBBI Floats Measures to Strengthen CIRP Integrity
    2025-08-12

    The Insolvency and Bankruptcy Board of India (IBBI) has issued a discussion paper inviting public comments on proposals aimed at enhancing the integrity of the Corporate Insolvency Resolution Process (CIRP). The key measures proposed include:

    Filed under:
    India, Insolvency & Restructuring, Litigation, Fox Mandal, Due diligence, Insolvency and Bankruptcy Board of India
    Location:
    India
    Firm:
    Fox Mandal
    Reliance on supporting creditor to satisfy presumed insolvency
    2025-08-08

    This week’s TGIF considers the recent Supreme Court decision of Re ML & NB Pty Ltd [2025] VSC 444. It concerns the extent to which a plaintiff can rely on a statutory demand issued by a supporting creditor to satisfy the presumption of insolvency.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Authors:
    Mark Wilks
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    When the doors shut: Employer and Employee rights and obligations
    2025-08-08

    New Zealand’s unemployment rate rose to 5.2 percent in the June 2025 quarter, according to figures released this week. As the economy takes longer to recover from the recession, costs increase and profit margins tighten, more businesses are facing solvency issues - and it is likely the unemployment figures will be higher in the next quarter. Statistics for 2024 revealed the highest number of formal insolvency appointments for the past 10 years. As of 30 June 2025, that annual figure is on track for another increase.

    Filed under:
    New Zealand, Employment & Labor, Insolvency & Restructuring, Litigation, Simpson Grierson, Employment Relations Act 2000 (New Zealand)
    Authors:
    Bronwyn Heenan , Sophie Hawksworth , James Caird , Rachael Judge
    Location:
    New Zealand
    Firm:
    Simpson Grierson
    Second Circuit Cites Freshfields in Chapter 15 Safe Harbor Ruling
    <br>
    2025-08-07

    In a groundbreaking decision of particular importance to participants in Chapter 15 proceedings, the United States Court of Appeals for the Second Circuit issued an opinion making clear that defendants in Chapter 15 proceedings may have Safe Harbor defenses even when a liquidator brings non-U.S. common law claims. This decision, issued on August 5, 2025 in Fairfield Sentry, holds that when a liquidator uses a US Bankruptcy Court to pursue non-U.S. common law claims, it must abide by the safe harbor afforded by Section 546(e) of the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Freshfields, Liquidation, Securities Industry and Financial Markets Association
    Authors:
    David Livshiz , Madlyn Primoff , Henry Hutten
    Location:
    USA
    Firm:
    Freshfields
    Singapore Court of Appeal Clarifies Test for Expungement or Reduction of Proofs of Debt in Insolvency Proceedings
    2025-08-06

    © WongPartnership LLP DISCLAIMER: This update is intended for your general information only. It is not intended to be nor should it be regarded as or relied upon as legal advice. You should consult a qualified legal professional before taking any action or omitting to take action in relation to matters discussed herein. WongPartnership LLP (UEN: T08LL0003B) is a limited liability law partnership registered in Singapore under the Limited Liability Partnerships Act 2005.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership – Restructuring & Insolvency, Insolvency, Singapore High Court
    Location:
    Singapore
    Firm:
    WongPartnership – Restructuring & Insolvency
    IBC: Resolution Plan Involving ‘Combination’ Must Clear CCI Hurdle First
    2025-08-06

    The legal framework w.r.t. law of insolvency in India has seen considerable progress since the introduction of Insolvency and Bankruptcy Code, 2016 (“IBC”). The Legislature, taking cue from various judgments passed by the courts and the grey areas identified during the implementation of the provisions of IBC, introduced various amendments from time to time. However, notwithstanding such amendments, various legal questions involving interpretation and implementation of provisions of IBC keep arising posing challenges before the Courts to resolve the same.

    Filed under:
    India, Competition & Antitrust, Insolvency & Restructuring, Litigation, Singhania & Partners LLP, Competition Commission of India, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Abhishek Kumar , Twinkle Kataria
    Location:
    India
    Firm:
    Singhania & Partners LLP

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