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    Secured creditors and environmental liabilities: The Qualex quagmire continues
    2023-08-21

    The stakes in the appeal from a recent case in Alberta,  Qualex-Landmark Towers  Inc  v  12-10  Capital Corp (“Qualex”) are rising with the recent decision of the Court of Appeal of Alberta granting leave to intervene to the Canadian Bankers Association [Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2023 ABCA 177].  The Canadian Bankers Association sought leave to intervene on the basis that the decision in Qualex creates significant uncertainty for secured lending, particularly where the borrower may have environmental remediat

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Mediation, Court of Appeal of Alberta
    Authors:
    Tamara Farber , Craig A. Mills
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Liberty Commodities Ltd v Citibank
    2023-08-22

    Substitution first, standing later- a decision of Chief ICC Judge Briggs regarding supporting creditors and substituting as petitioner

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Wedlake Bell, Insolvency
    Authors:
    Frances Coulson
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Subchapter V Trustee’s Facilitation Role (Part 3)—A BANKRUPTCY MODEL
    2023-08-22

    “(b) Duties.—The [Subchapter V] trustee shall— . . . (7)facilitatethe development of a consensual plan of reorganization.”

    • From 11 U.S.C § 1183(b)(7)(emphasis added).

    Facilitation is, by statute, a duty of every Subchapter V trustee—something a Subchapter V trustee must do. But the nature and boundaries of the facilitation role have always been fuzzy and, therefore, misunderstood.

    My purpose in this multi-part series is to provide observations on the facilitation role.

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    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
    Eastern Caribbean Supreme Court dismisses application for a stay of the appointment of liquidators over offshore bond issuer
    2023-08-18

    The Eastern Caribbean Supreme Court of Appeal has dismissed an application to stay the appointment of liquidators pending the outcome of an appeal against a landmark first instance decision by the BVI Commercial Court, in which it was determined that ultimate beneficial interest holders of notes are 'creditors' under the BVI Insolvency Act and so have standing to issue liquidation applications against defaulting note issuers.

    Background

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Mourant
    Authors:
    Eleanor Morgan , Justine Lau , Sophie Christodoulou
    Location:
    British Virgin Islands
    Firm:
    Mourant
    Corporate Advisory Update - August 2023
    2023-08-20

    In this edition of Gilbert + Tobin's Corporate Advisory Update, we focus on key legal developments over the last month which are particularly relevant to in-house counsel.

    The ACCC’s recommended merger reforms: a deeper dive

    The ACCC’s recommended reforms have several significant implications for merging parties:

    Filed under:
    Australia, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Cryptocurrency, Merger control, ESG, Greenwashing, International Organization of Securities Commissions, Australian Securities and Investments Commission, Competition and Consumer Act 2010 (Australia), Corporations Act 2001 (Australia), UK Supreme Court
    Authors:
    Hiroshi Narushima , Sally Randall
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Pre-pack sale proceedings in Croatia and the impact of the EU’s insolvency law Draft Directive
    2023-08-21

    In late 2022, the European Commission proposed a new Directive with a view to harmonise certain aspects of insolvency law. One of the most important innovations to be introduced in this Draft Directive is pre-pack proceedings.

    What is a pre-pack sale?

    Filed under:
    Croatia, European Union, Insolvency & Restructuring, Litigation, CMS Legal, European Commission
    Authors:
    Jelena Nushol Fijačko , Darijo Gospić
    Location:
    Croatia, European Union
    Firm:
    CMS Legal

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