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    HMRC ordered to bear the costs of an ill-founded bankruptcy (Re Adjei)
    2023-08-18

    Dispute Resolution analysis: In a case where a bankruptcy was annulled on the basis that the alleged tax liability was ill-founded and misconceived, HMRC has been ordered to bear the OR’s and the trustees’ costs of the bankruptcy.

    Re Adjei [2023] EWHC 1553 (Ch)

    What are the practical implications of this case?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Gatehouse Chambers, HM Revenue and Customs (UK), Insolvency Act 1986 (UK)
    Authors:
    Phillip Patterson
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    Comment on the Proposition de Fuoco decision - The criteria for a provable claim and the debt resulting from the legal warranty of quality
    2023-08-18

    INTRODUCTION

    Despite abundant case law on latent defects and what constitutes a provable claim, Quebec courts have rarely been called upon to decide an issue involving both concepts.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Langlois Lawyers LLP
    Authors:
    Elizabeth Latulippe Bresolin , Aurélie Figuet
    Location:
    Canada
    Firm:
    Langlois Lawyers LLP
    Commentaire sur la décision Proposition de Fuoco - Les critères d’une réclamation prouvable et la créance résultant de la garantie légale de qualité
    2023-08-18

    INTRODUCTION

    Malgré la jurisprudence abondante tant en matière de vices cachés que sur la qualification de réclamation prouvable, les tribunaux québécois ont rarement eu l’opportunité de trancher une question qui réunit ces deux concepts.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Langlois Lawyers LLP
    Authors:
    Elizabeth Latulippe Bresolin , Aurélie Figuet
    Location:
    Canada
    Firm:
    Langlois Lawyers LLP
    Gall Advises on the Restructuring of the Century Sunshine Group
    2023-08-18

    The Insolvency Team at Gall continues to advise Century Sunshine Holdings Group Limited (Stock Code: 509) (the “Company”) on its debt restructuring and has successfully secured sanction of a Hong Kong scheme of arrangement (the “Hong Kong Scheme”) (as part of parallel schemes of arrangement in Hong Kong and Singapore).

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Gall
    Authors:
    Evelyn Chan , Adriel Wong
    Location:
    Hong Kong
    Firm:
    Gall
    How Close Can You Be To Cannabis And Still Have Access To The Bankruptcy Courts? (US)
    2023-08-15

    How close is too close? The answer to this question can have dire implications for people and companies involved in the cannabis industry who wish to seek bankruptcy protection.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Cannabis
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit Strikes Down Attempted Bankruptcy Contempt Proceedings In Class Context
    2023-08-16

    In a recent decision, Bruce v. Citigroup, Inc., et al., the United States Court of Appeals for the Second Circuit clarified the limits of bankruptcy court jurisdiction over class actions. Specifically, the court rejected a bankruptcy court’s ruling that allowed a plaintiff’s nationwide class action to survive Defendant Citibank, N.A.’s (“Citi”) motion to dismiss and strike class allegations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Supreme Court of the United States, Second Circuit
    Authors:
    Benjamin J. Sitter , Bryan A. Fratkin , Jarrod D. Shaw , Katelyn M. Fox
    Location:
    USA
    Firm:
    McGuireWoods LLP
    Restructuring in Singapore: Key Q&As for Trade & Finance Creditors
    2023-08-16

    Market volatility in international trade and commodities invariably results in trade defaults. As a hub for international trading companies, Singapore has seen its fair share of insolvencies and restructuring in the past few years as a section of traders felt the effects of the pandemic, the oil crash and over leveraging on unprecedented levels of liquidity.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Trade & Customs, Blackstone & Gold, Singapore High Court
    Authors:
    Baldev Bhinder , Ramandeep Kaur
    Location:
    Singapore
    Firm:
    Blackstone & Gold
    Recent Trends in Subchapter V
    2023-08-16

    In 2020, Congress enacted the Small Business Reorganization Act (SBA), which codified Subchapter V within Chapter 11 of the Bankruptcy Code. The newly added subchapter is remarkably powerful, and with the new additions from Congress, creates a streamlined process for small businesses to reorganize. After passing the SBA, Congress subsequently increased the applicable debt limits for businesses eligible for Subchapter V, from approximately $2.7 million to $7.5 million, which qualified many more businesses for Subchapter V relief.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, US Congress, Small Business Administration (USA)
    Authors:
    Steven R. Kinsella
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    A Quintet of Recent Major Court Decisions in Mass Tort Cases and a Scholarly Defense of Third-Party Releases and Two-Step Bankruptcies as a Matter of Public Policy
    2023-08-16

    Consensus remains elusive on the two major questions concerning the application of bankruptcy law in mass tort cases. In the past few months, at least five major decisions have addressed the significant issues of the availability of third-party releases and the two-step bankruptcies. Appeals have been filed or are threatened. In the meantime, the authors of a University of Chicago Law Review article argue that, as a matter of public policy, both should be available with court safeguards.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, Google, Supreme Court of the United States
    Authors:
    James L. Baillie
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Dispute Resolution Legal Milestones | Trilegal Quarterly Roundup Apr-Jun 2023
    2023-08-16

    The original version of this article was first published in the Trilegal Quarterly Roundup.

    Key Developments

    1. Supreme Court clarifies the scope of adjudicating authority’s power to decide on a financial creditor’s insolvency application when debt and default have been established

    Filed under:
    India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Trilegal, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Mohit Rohatgi , Ashwini Tak
    Location:
    India
    Firm:
    Trilegal

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