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    Defining fraud for the purpose of claiming compound interest
    2023-01-23

    Nicola Sharp of Rahman Ravelli considers a case that shows the courts’ reluctance to expand the jurisdiction of equity to award compound interest in common law claims.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Rahman Ravelli, Liquidation, Limitation Act 1980 (UK)
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    No loss in Quincecare duty case where wrongful payment discharges insolvent company's debt: the Supreme Court's decision in Stanford International Bank v HSBC
    2023-01-24

    A majority of the Supreme Court recently held that an insolvent company does not suffer any recoverable loss if payments are made from its bank accounts that discharge a debt owed by that company.  This decision adds to the growing case law on the Quincecare duty.

    The claim against HSBC

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Travers Smith LLP, HSBC, Court of Appeal (UK), UK Supreme Court
    Authors:
    Rosie Kós
    Location:
    United Kingdom
    Firm:
    Travers Smith LLP
    Yearly Rewind: Insolvency & Restructuring, Key Judgements & Updates for 2022
    2023-01-24

    The Insolvency and Bankruptcy Code, 2016 (Code) was introduced as a one stop solution for resolving insolvencies, which previously was a long-drawn process that did not offer an economically viable arrangement. In 2022, the Indian courts have been guided by the principal of ‘resolution of insolvency of debtor’ over ‘recovery by creditors’ and have refused insolvency applications where they found such application were for recovery of money rather for insolvency of the debtor.

    Filed under:
    India, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Acuity Law, Insolvency, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Location:
    India
    Firm:
    Acuity Law
    Highland Capital Asks Supreme Court to Review Fifth Circuit Exculpation Excision Ruling
    2023-01-25

    Last November we wrote about the Fifth Circuit Court of Appeals’ decision in Highland Capital Management, L.P., where the court reversed the bankruptcy court’s approval of a plan’s exculpation clause for non-debtors and limited the universe of parties covered by that provision. Relying on Bank of New York Trust Co., NA v. Official Unsecured Creditors’ Comm.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Supreme Court of the United States
    Authors:
    Mark A. Salzberg , Norman N. Kinel , Michelle Saney
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Duties of Directors of Guernsey Companies
    2023-01-25

    In the current economic environment, directors will be fully focussed on avoiding any breach of their fiduciary duties, particularly if they are directors of companies experiencing or at risk of financial distress.

    This client briefing provides a general overview of the duties of directors of Guernsey companies in these circumstances and is not comprehensive. We recommend that clients obtain specific legal advice in relation to any individual matter which may concern them.

    Who are the Directors?

    Filed under:
    Guernsey, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Liquidation, Insolvency, UK Supreme Court
    Authors:
    Paul Chanter
    Location:
    Guernsey
    Firm:
    Ogier
    7th Cir. Reverses Denial of Bankruptcy Trustee’s Action to Recover Money Paid to Debt Collector
    2023-01-25

    In a bankruptcy trustee’s adversary action to recover money paid to a collection agency within 90 days prior to the filing of the debtor’s bankruptcy petition, and pursuant to a previous garnishment order, the U.S. Court of Appeals for the Seventh Circuit recently reversed the ruling of a trial court denying the trustee’s application.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Supreme Court of the United States, Seventh Circuit, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Consumer Advocate Appointed New Director of Justice Department’s U.S. Trustee Program
    2023-01-25

    The Director of the Justice Department’s U.S. Trustee Program (USTP), which oversees the administration of bankruptcy cases, is about to change for the first time in nearly 20 years. Clifford White will be stepping down from the role and consumer advocate Tara Twomey will be taking up the mantle.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP
    Authors:
    Christian W. Hancock , Alexandra Dugan
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Avoidance application survives insolvency process
    2023-01-26

    Introduction

    Filed under:
    India, Insolvency & Restructuring, Litigation, Acuity Law, Insolvency, Tata Steel Ltd, National Company Law Tribunal
    Authors:
    Souvik Ganguly , Altamash Qureshi , Renjith Nair
    Location:
    India
    Firm:
    Acuity Law
    Between the lines- January, 2023
    2023-01-20

    January, 2023 For Private Circulation - Educational & Informational Purpose Only Between the lines... A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS ⁎ Delhi High Court: Invoking CIRP would not make the dispute non-arbitrable. ⁎ NCLAT: Section 96(1)(b) of the IBC does not stay any future liability or obligation. ⁎ NCLAT: The IBC does not provide for any look-back period on how far back fraudulent transactions can be investigated. ⁎ The changing contours of employment law in India. January, 2023 http://www.vaishlaw.com/ I.

    Filed under:
    India, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Due diligence, Sharing economy, Gig economy, Insolvency and Bankruptcy Code (India), Delhi High Court, National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates
    Supreme Court Grants Certiorari to Determine Whether the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes
    2023-01-20

    On January 13, 2023, the Supreme Court granted the Lac du Flambeau Band of Lake Superior Chippewa Indians’ Petition for a Writ of Certiorari to resolve the split of circuits on whether Section 106 of the Bankruptcy Code evinces Congress’ unequivocal intent to abrogate Native American Tribes’ sovereign immunity.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Snell & Wilmer LLP, Supreme Court of the United States
    Authors:
    Heidi McNeil Staudenmaier , Jacklyn M. Branby
    Location:
    USA
    Firm:
    Snell & Wilmer LLP

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