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    Celsius Bankruptcy Court Tees Up Tentative Briefing Schedule to Hear Issue of First Impression: Are Keys and Digital Assets Property of the Estate?
    2022-11-10

    Are customers’ digital assets held by exchange platforms in so-called “Custodial” and “Withhold” accounts property of the bankruptcy estate? This may be coined the golden question in the recent crypto bankruptcy chronicles, and at a status conference held Oct. 7, 2022, Bankruptcy Judge Martin Glenn of the Southern District of New York scheduled Dec. 7 and Dec. 8 as tentative dates to hear oral arguments on the issue.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Greenberg Traurig LLP
    Authors:
    John B. Hutton III
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Smoked Out: How Those In The Cannabis Industry May Finally Gain Bankruptcy Protection
    2022-11-10

    Could bankruptcy protection be on the horizon for individuals and companies actively involved in the cannabis industry? Potentially yes, following President Biden’s October 6, 2022 request for the Secretary of Health and Human Services to begin the administrative process to review marijuana’s classification as a Schedule I substance under the Controlled Substance Act (“CSA”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Ninth Circuit
    Location:
    USA
    Firm:
    Mintz
    The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law
    2022-11-10

    On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, addressing a key intersection of insolvency and arbitration law—whether and in what circumstances a contractual agreement to arbitrate should give way to the public interest in the orderly and efficient resolution of a court-ordered receivership.

    Filed under:
    Canada, British Columbia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Insolvency, Receivership, Supreme Court of Canada, British Columbia Supreme Court, British Columbia Court of Appeal
    Authors:
    Kelsey J. Meyer , Ciara J. Mackey , Adam J. Williams
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Insolvency Practitioners: important judgment impacting the treatment of claims in failed energy suppliers
    2022-11-11

    TODAY, THE EAGERLY-AWAITED JUDGMENT HAS BEEN HANDED DOWN BY MR JUSTICE ZACAROLI IN RESPECT OF THE APPLICATION FOR DIRECTIONS MADE BY OFFICE-HOLDERS OF A NUMBER OF FAILED ENERGY SUPPLIERS. 


    The impact of this judgment will be felt much wider than just within the applicants' insolvent estates and it is relevant to any office-holder or unsecured creditor of a failed energy supplier.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP, Insolvency
    Authors:
    Emma Sadler , Fraser Ritson
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    To Complete or not to Complete - “Early” Completion of Company Voluntary Arrangements (UK)
    2022-11-10

    Can a Company Voluntary Arrangement (“CVA”) complete, but still remain in place and bind creditors?

    The simple answer is yes; but it does require (a) the terms of the CVA to be carefully drafted to allow notice of completion to be filed before the end of the CVA term; (b) compliance with the terms of the CVA, and (c) careful consideration of the position of the supervisors, creditors and company.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Insolvency
    Authors:
    Rachael Markham , Emily Davis , John Alderton
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The “Vanishing” Homestead Exemption—Before The U.S. Supreme Court (Wells v. McCallister)
    2022-11-10

    The case is Wells v. McCallister, Case No. 21-1448 in the United States Supreme Court.

    The question presented is:

    • whether a debtor’s homestead exemption, existing on the date of bankruptcy filing, can vanish if the debtor sells the homestead during the bankruptcy and does not promptly reinvest the proceeds in another homestead.

    The Petition for writ of certiorari explains:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States, Ninth Circuit
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Can a shareholder or contributory oppose an application to wind up a company?
    2022-11-08

    Introduction

    In the recent case of Atlas Equifin Pte Ltd v Electronic Cash and Payment Solutions (S) Pte Ltd (Andy Lim and others, non-parties) [2022] SGHC 258 (“Atlas Equifin”), the Singapore High Court had the opportunity to consider the unexplored issue of whether shareholders/ contributories have legal standing to oppose a creditor’s winding up application.

    Facts

    Filed under:
    Malaysia, Singapore, Insolvency & Restructuring, Litigation, SKRINE, Insolvency, Singapore High Court
    Authors:
    Wong Chee Lin , Janice Ooi Huey Peng
    Location:
    Malaysia, Singapore
    Firm:
    SKRINE
    Court grants orders vesting interest in property that had previously been disclaimed
    2022-11-08

    On 29 June 2022, the Federal Court of Australia made an order vesting an interest in a half share of land in Aaron Kevin Lucan in his capacity as trustee (the Trustee) of the bankrupt estate of Christopher Williams (the Bankrupt Estate).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Gadens
    Authors:
    Scott Couper
    Location:
    Australia
    Firm:
    Gadens
    Standing to Challenge Courts Likely to Continue Assisting Stakeholders
    2022-11-08

    External administrators often occupy quasi-judicial offices which, among other things, require them to:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Corporate governance, Insolvency, UK Supreme Court
    Authors:
    Masi Zaki , Kate Spratt
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Insolvency and Bankruptcy Board of India (Liquidation Process) (Second Amendment) Regulations, 2022: Radical Needs and Moderate Reforms
    2022-11-09

    The amended regulations are laudatory steps which will help to maximise recoveries for creditors since the amendments will lead to concluding the liquidation process in a time bound manner.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India)
    Authors:
    Ankit Tripathi
    Location:
    India
    Firm:
    JSA

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