Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Key takeaways on Poland's new electronic insolvency procedure one year on
    2023-01-11

    It has been just over a year since the introduction of Poland's new electronic insolvency procedure. The new procedure, introduced on 1 December 2021, is generally conducted via an online platform, the National Debtors’ Register, and has brought about a revolutionary change to Polish insolvency procedure.

    Positive developments

    • Faster access to the court - Documents filed on the online platform are instantly disclosed to the judge and to the other parties involved. The court’s decisions are also delivered quickly to the parties.

    Filed under:
    Poland, Insolvency & Restructuring, Internet & Social Media, Litigation, Taylor Wessing, Insolvency
    Authors:
    Ewelina Stobiecka , Sebastian Morgała
    Location:
    Poland
    Firm:
    Taylor Wessing
    English Court decision provides helpful clarity to insolvency practitioners appointed over energy companies, as well as their creditors
    2023-01-11

    On 11 November 2022, the English High Court handed down judgment in relation to a number of applications made by the insolvency officeholders of 10 UK energy suppliers, seeking clarification on issues arising in the insolvencies which had not previously been considered by the courts.

    Background

    The officeholders sought directions from the court on the following:

    • whether the claims in the insolvencies by UK energy regulator, Ofgem relating to outstanding renewables obligation payments (ROPs) were valid, and

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency
    Authors:
    Kirsten Fulton-Fleming
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    German court ruling is bad news for shareholders of insolvent payment services provider Wirecard
    2023-01-11

    On 23 November 2022, the Regional Court of Munich ruled that shareholders' damages claims for breach of capital markets law rank as equity and not as general unsecured claims in the Wirecard insolvency. As a result, the shareholders can only recover from the insolvent estate in the unlikely event that all insolvency creditors' claims are fully satisfied.

    The decision

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency
    Authors:
    Jonas Gröning
    Location:
    Germany
    Firm:
    Taylor Wessing
    Brave new world: restructuring officers in the Cayman Islands
    2023-01-11

    The Grand Court of the Cayman Islands has issued its first judgment appointing Restructuring Officers under the new section 91B of the Cayman Islands Companies Act, which came into force on 31 August 2022.

    Introduction

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Mourant, Liquidation, Provisional liquidation, Winding-up
    Authors:
    Christopher Harlowe , Jonathan Moffatt , Justine Lau , Michael Popkin , Nicholas Fox , Simon Dickson , Luke Burgess-Shannon
    Location:
    Cayman Islands
    Firm:
    Mourant
    Fifth Circuit Rules Just Energy Bankruptcy Court Erred in Exercising Jurisdiction to Redetermine ERCOT Pricing During Winter Storm Uri
    2023-01-11

    In a January 5, 2023 opinion from the United States Court of Appeals for the Fifth Circuit, the panel held the Just Energy bankruptcy court erred in exercising jurisdiction over the debtor’s suit to recover Winter Storm Uri payments made to ERCOT. The Fifth Circuit found the underlying issue—i.e., the propriety of ERCOT and PUCT’s pricing—to be precisely the type of controversy that should be decided in the manner carefully prescribed by the Texas legislature, and not be second-guessed by the bankruptcy court.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bracewell LLP, Texas Supreme Court
    Authors:
    Jonathan Lozano , Mark E. Dendinger
    Location:
    USA
    Firm:
    Bracewell LLP
    The Words Matter: Bankruptcy Court Finds Clear Terms of Clickwrap Agreement Made Customer Cryptocurrency Property of Celsius Bankruptcy Estate
    2023-01-11

    We are again reminded that the clear terms of a written contract—even if they might yield a surprising result—will govern. For those who don’t bother to read the “clickwrap” terms and conditions when, for example, signing up for the new online game or entrusting millions in crypto currency, those controlling terms may surprise. Parties in any transaction cannot just assume that the “boilerplate”—whether a make-whole in a note, a subordination provision in a credit agreement, or terms and conditions in a customer agreement—will be acceptable.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, O'Melveny & Myers LLP, Bankruptcy, Cryptocurrency
    Authors:
    William K. Pao , Daniel S. Shamah , Evan M. Jones , Laura Smith , Nicole Molner , Emma Persson
    Location:
    USA
    Firm:
    O'Melveny & Myers LLP
    My Crypto's Gone: Cryptocurrency in Earn Accounts Belong to Celsius Not Customers
    2023-01-09

    Cryptocurrency in Celsius’ Earn Accounts belongs to the bankruptcy estate, and not to the depositors who placed it there, according to a January 4 memorandum opinion from Judge Martin Glenn of the U.S. Bankruptcy Court in the Southern District of New York.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Bracewell LLP, Bankruptcy, Cryptocurrency, United States bankruptcy court
    Authors:
    Robert Grattan , Mark E. Dendinger
    Location:
    USA
    Firm:
    Bracewell LLP
    BTI 2014 LLC v Sequana SA: unanswered questions from a British Virgin Islands perspective (Chinese) BTI 2014 LLC v Sequana SA:英属维尔京群岛(BVI)悬而未决的问题
    2023-01-10

    簡介

    在最近英国最高法院的一项判决中,资不抵债或接近资不抵债的公司的董事有责任考虑债权人的利益。虽然 BTI 2014 LLC v Sequana SA [2022] UKSC 25 涉及英国公司法,但它将对理解英联邦地区清盘情况下的董事职责产生深远影响,尤其是在离岸司法管辖区。

    Sequana

    普通法和 2006 年《公司法》均规定公司董事有义务以诚信行事,以促进公司的成功。传统观点认为,公司利益等同于公司股东的利益。近几十年来,法律开始承认,当公司濒临破产或资不抵债时,公司债权人的利益可能会受到公司管理层的影响。因此,法律开始要求董事在破产情况下履行对公司的信托义务时考虑债权人的利益。这条被称为 West Mercia 规则(源自 West Mercia Safetywear Ltd (in liq) v Dodd [1988] BCLC 250)的规则从未在案例中得到一致解释,而法院使用的语言经常混淆规则的性质及其产生的确切情况。

    Filed under:
    British Virgin Islands, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Insolvency, Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Oliver Payne , Shane Quinn , Joey Cheung , Andrea Ho アンドレア・ホー
    Location:
    British Virgin Islands, United Kingdom
    Firm:
    Ogier
    BTI 2014 LLC v Sequana SA: unanswered questions from a British Virgin Islands perspective
    2023-01-10

    Introduction

    In a recent decision, the United Kingdom Supreme Court clarified the duty of directors of insolvent or near insolvent companies to consider the interests of creditors. While BTI 2014 LLC v Sequana SA [2022] UKSC 25 relates to company law in the United Kingdom, it will have far reaching implications on the understanding of directors' duties relating to insolvency across the commonwealth and, in particular, offshore jurisdictions.

    Sequana

    Filed under:
    British Virgin Islands, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Ogier, Insolvency, Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Oliver Payne , Shane Quinn , Joey Cheung , Andrea Ho アンドレア・ホー
    Location:
    British Virgin Islands, United Kingdom
    Firm:
    Ogier
    The Grand Court of the Cayman Islands: Reflecting on the Year 2022
    2023-01-10

    As the Grand Court of the Cayman Islands reopens for 2023, it is a good time to reflect on what transpired in 2022. A review of the filings made in the Grand Court throughout 2022 shows a very significant number of cases concerning large-scale cross-border insolvency and restructuring proceedings, as well as various complex commercial disputes.

    Statistics from the Grand Court

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Conyers, Private equity, Mediation, Legal aid, UK Supreme Court
    Authors:
    Jonathon Milne , Rowana-Kay Campbell
    Location:
    Cayman Islands
    Firm:
    Conyers

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 248
    • Page 249
    • Page 250
    • Page 251
    • Current page 252
    • Page 253
    • Page 254
    • Page 255
    • Page 256
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days