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    New Chapter 11 Filing - Packable Holdings, LLC.
    2022-08-29

    On August 28, 2022, Hauppauge, N.Y.-based Packable Holdings, LLC, a privately-owned tech-enabled e-commerce company, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 22-10797). The company reports $100 million to $500 million in both assets and liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC
    Location:
    USA
    Firm:
    Cole Schotz PC
    Another Delaware Bankruptcy Court Approves Third-Party Releases and Opt-Out Mechanisms Amidst Disagreements with Other Circuits
    2022-08-26

    On July 29, 2022, Laurie S.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, Bankruptcy, United States bankruptcy court, Third Circuit, US District Court for the Southern District of New York
    Authors:
    Steven M. Abramowitz , Kristie Torkildsen Duchesne , Bradley Foxman , Katherine Drell Grissel , Paul E. Heath , George R. Howard , Lauren R. Kanzer , David S. Meyer , Jessica C. Peet , William L. Wallander
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    Administrators protected from personal liability and permitted to trade on
    2022-08-26

    This week’s TGIF considers Hill, in the matter of Ovato Limited (Administrators Appointed) [2022] FCA 903 in which the Federal Court approved the administrators’ proposal for the Ovato Group to continue trading in order to maximise the chances of a sale as a going concern. The proposal was dependent on ongoing funding from the Ovato Group’s financier and, in that context, the administrators were able to agree to have their personal liability limited to the assets subject to the financier’s security.

    Key takeaways

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Litigation funding, Corporations Act 2001 (Australia), Federal Court of Australia
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Overview of debtor-in-possession financing in Brazil
    2022-08-26

    Marcelo Ricupero, Frederico Kerr Bullamah, Giovanna Campedelli and Bernardo Ferreira Martins da Costa, Mattos Filho Veiga Filho Marrey Jr e Quiroga Advogados

    This is an extract from the second edition of The Guide to Restructuring published by Latin Lawyer. The whole publication is available here.

    Filed under:
    Brazil, Insolvency & Restructuring, Litigation, Latin Lawyer, Agribusiness
    Location:
    Brazil
    Firm:
    Latin Lawyer
    Lessons from the Argentine Perspective
    2022-08-26

    Roberto E Silva, Martín Campbell and Agustina M Ranieri, Marval, O’Farrell & Mairal

    This is an extract from the second edition of The Guide to Restructuring published by Latin Lawyer. The whole publication is available here.

    Introduction

    Filed under:
    Argentina, Insolvency & Restructuring, Litigation, Latin Lawyer, Coronavirus
    Location:
    Argentina
    Firm:
    Latin Lawyer
    Recent Financial Restructuring Developments in the Region: Argentina
    2022-08-26

    Tomás M Araya and Lucía Carro, Bomchil

    This is an extract from the second edition of The Guide to Restructuring published by Latin Lawyer. The whole publication is available here.

    Introduction

    Filed under:
    Argentina, Insolvency & Restructuring, Litigation, Latin Lawyer, Power of attorney, Coronavirus
    Location:
    Argentina
    Firm:
    Latin Lawyer
    Gym tenant and guarantor held liable for rent despite restructuring plan
    2022-08-25

    UK judgment is a prompt for landlords to consider all angles to maximise rent recovery in harsh economic conditions

    The UK High Court has ruled in in favour of a landlord whose original tenant and guarantor were held liable for the rent accrued on a gym in Leeds despite the subsequent assignee operating under a restructuring plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Osborne Clarke, Landlord, Insolvency
    Authors:
    Douglas Hawthorn , Donal Kelly , Colette Brimble
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    Appointing a Provisional Liquidator
    2022-08-25

    You should consider the possibility of placing a company into provisional liquidation if there is a risk that a company’s assets will be dissipated to the detriment of that company and a creditor or member of a company, a party can consider putting the company.

    The power of a Court to appoint a provisional liquidator to a company stems from section 472(2) of the Corporations Act 2001 (Cth) (Act).

    Pursuant to section 472(2) of the Act, a provisional liquidator of a company has either powers:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Chamberlains Law Firm, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Hugh Smith
    Location:
    Australia
    Firm:
    Chamberlains Law Firm
    English High Court Grants Petropavlovsk Administrators Permission to Enter Into Sale Amidst Sanctions Concerns
    2022-08-25

    On 1 August 2022, the English High Court granted the administrators of Petropavlovsk PLC (the “Company”) permission to enter into a sale of its Russian assets to Russian entity UMMC-Invest (the “Proposed Sale”) amidst sanctions concerns.

    Filed under:
    Russia, United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, White Collar Crime, Morrison & Foerster LLP, Sanctions, Insolvency, Office of Financial Sanctions Implementation (UK)
    Authors:
    Howard Morris , Tola Adeseye
    Location:
    Russia, United Kingdom
    Firm:
    Morrison & Foerster LLP
    Upcoming changes to personal insolvency diligence and bankruptcy
    2022-08-25

    The Coronavirus (Recovery and Reform) Scotland Act was passed by the Scottish Government on 28 June 2022 and enacted on 10 August 2022 (the "Act"). It makes two key changes to insolvency and diligence in Scotland.

    Bankruptcy floor limit

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Brodies LLP, Coronavirus, Insolvency
    Authors:
    Eve Gilchrist , Lucy McCann , Iain Penman
    Location:
    United Kingdom
    Firm:
    Brodies LLP

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