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    BVI: Privy Council Clarifies Standing to Challenge the Decision of a Liquidator
    2025-08-28

    The landmark decision by the Judicial Committee of the Privy Council in Stevanovich v Richardson1provides authoritative guidance on the proper interpretation of “person aggrieved” under section 273 of the BVI Insolvency Act, which deals with standing to challenge a liquidator’s decision.

    Filed under:
    British Virgin Islands, United Kingdom, Insolvency & Restructuring, Litigation, HFW, UK Supreme Court
    Authors:
    Scott Cruickshank , Sanel Susak , Catriona Hunter
    Location:
    British Virgin Islands, United Kingdom
    Firm:
    HFW
    Can Delayed Implementation Sink a Resolution Plan? Navigating Payment Timelines in Resolution Plan Implementation.
    2025-08-28

    This article examines whether a delay in implementing the Resolution Plan equates to failure of the plan or can timelines for implementation be extended?

    Power to extend timelines

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Luthra and Luthra Law Offices India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Nakul Sachdeva , Sagar Arora
    Location:
    India
    Firm:
    Luthra and Luthra Law Offices India
    Cross class cram across and cross border complexities: lessons from the Madagascar Oil restructuring plan
    <br>
    2025-08-26

    The High Court sanctioned Madagascar Oil Limited’s restructuring plan, exercising cross class cram down. The judgment deals with a few now familiar points: what is the relevant alternative? Can it be a different deal? As well as touching on a few novel ones in an unusual two class only plan: was there in fact an in the money class enabling cross class cram down? Almost a third of the judgment is devoted to international recognition and effectiveness of the plan in Madagascar and Mauritius, an unusually detailed analysis, but required here given the specific facts of the case.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields, Office of Foreign Assets Control (USA)
    Authors:
    Nicholas Cooper , Katharina Crinson , Nick Fortune
    Location:
    United Kingdom
    Firm:
    Freshfields
    Decoding the IBC (Amendment) Bill 2025: Key Reforms and Implications
    2025-08-25

    1 | 15 Introduction The Insolvency and Bankruptcy Code, 2016 (IBC/Code) is a landmark legislation which was enacted in 2016 to put in place a consolidated and holistic legal framework for resolution of stressed assets in India. Since its enactment, IBC has been one of the most dynamic legislations which has undergone several revisions on account of various learnings arising out of resolution of large volume of stressed assets in its initial phases.

    Filed under:
    India, Competition & Antitrust, Insolvency & Restructuring, Litigation, Khaitan & Co, Supply chain, Articles of association, Insolvency, Competition Commission of India, Ministry of Corporate Affairs, Jet Airways, ICICI Bank, Insolvency and Bankruptcy Board of India, Axis Bank, Canara Bank, Insolvency and Bankruptcy Code (India), National Company Law Tribunal, Financial services banks, Financial services corporate
    Location:
    India
    Firm:
    Khaitan & Co
    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

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