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
    Do you Need a Scheme Meeting? Court Guidance on Reconstruction and Amalgamation under Scheme of Arrangement
    2025-06-05

    Introduction

    An amalgamation or reconstruction of companies under sections 366 and 370 of the Companies Act 2016 ("CA 2016") is a common tool for corporate restructuring in Malaysia. It enables the seamless transfer of assets and liabilities from the transferor to the transferee, typically within group structures where both companies share a common ultimate holding company.

    Filed under:
    Malaysia, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Chua See Hua , Arthur Ng Wei Meng , John Mathew , Heng Yee Keat , Janice Ooi
    Location:
    Malaysia
    Firm:
    Christopher & Lee Ong
    Supreme Court of India set aside JSW Steel’s Resolution Plan for Bhushan Steel and Power Limited; National Company Law Tribunal directed to initiate liquidation proceedings
    2025-06-04

    The Supreme Court of India’s (“Supreme Court”) decision in the case of Kalyani Transco vs M/s Bhushan Steel and Power Limited1 and connected appeals raises some serious legal issues. We understand from the public domain that parties are considering filing review and curative petitions. Without expressing any views on the judgement, set out below is a summary of the key findings and directions of the Supreme Court.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Anti-money laundering, Tata Steel Ltd, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Divyam Agarwal , Divyanshu Pandey , Soumitra Majumdar , Pranav Tanwar
    Location:
    India
    Firm:
    JSA
    Bankruptcy while litigating in Switzerland: what happens and what should you do?
    2025-06-03

    Switzerland is known for its efficient legal system and pro-enforcement stance. However, if you are a foreign insolvency practitioner handling bankruptcy proceedings with ongoing litigation in Switzerland, you may face some procedural hurdles.

    This article outlines the effects of a foreign bankruptcy decree in Switzerland and explores the available options to initiate or continue litigation.

    WHAT HAPPENS?

    Foreign insolvency practitioners are barred from litigating without prior recognition

    Filed under:
    Global, Switzerland, Insolvency & Restructuring, Litigation, LALIVE, Bankruptcy
    Authors:
    Alexandre Schwab
    Location:
    Global, Switzerland
    Firm:
    LALIVE
    High Court of Justice rules that arbitration cannot decide on set-off of claims involving companies undergoing judicial reorganization
    2025-06-02

    Introduction

    Under Brazilian law, the concept of objective arbitrability, as established by the Arbitration Law (Law No. 9,307/1996), refers to disputes involving rights of a patrimonial nature, provided that such rights are freely disposable by the parties involved.

    A recent amendment to the Brazilian Bankruptcy Law (Law No. 11,105/2005) established that the commencement of judicial reorganization proceedings by a distressed company does not entail the inability to submit disputes to arbitration.

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Litigation, Kincaid | Mendes Vianna Advogados
    Authors:
    Igor Richa Alves , Godofredo Mendes Vianna
    Location:
    Brazil
    Firm:
    Kincaid | Mendes Vianna Advogados
    Directors ordered to pay petitioners’ costs of a winding up petition
    <br>
    2025-05-28

    Kingsley Napley is pleased to report the judgment of Mrs Justice Joanna Smith DBE in the case of Re MPB Developments Ltd [2025], which represents an excellent result for our client.

    We act for the petitioners in long running litigation. Two years ago, our clients presented a creditors’ winding up petition, together with a contributory’s winding up petition on the just and equitable basis and an unfair prejudice petition.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Kingsley Napley LLP, Senior Courts Act 1981 (UK)
    Authors:
    Nicholas Hughes , Lucy Edwards
    Location:
    United Kingdom
    Firm:
    Kingsley Napley LLP
    Collateral Gains? High Court Rules Indirect Economic Benefits Too Remote in Petrofac Plan
    <br>
    2025-05-23

    Introduction

    On 20 May 2025, Mr Justice Marcus Smith handed down his eagerly-awaited judgment sanctioning the two inter-conditional restructuring plans (the Plans) proposed by members of the Petrofac Group. The judgment raises issues described as “going to the heart of the Part 26A regime” and is significant as the first case to consider the application of the Court of Appeal’s ruling in Thames Water.

    The judgment addresses three particularly interesting points:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Freshfields, HM Revenue and Customs (UK), Office of Foreign Assets Control (USA), Serious Fraud Office (UK)
    Authors:
    Caroline Platt , Rob Gray , Lindsay Hingston , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields
    Landmark Belgian Court of Cassation ruling: mortgage holders must renew registration post-bankruptcy
    <br>
    2025-05-20

    In a recent judgment, the Belgian Court of Cassation ruled that a secured creditor must renew the registration of its mortgage even after the opening of bankruptcy proceedings. Aside from its obvious significance for real estate security, the Court’s ruling may have wider implications for secured creditors and could potentially be interpreted to apply to other forms of security, including the registered movable assets pledge. Secured creditors should see this as a reminder to ensure that perfection requirements continue to be met, be it before or after insolvency.

    Filed under:
    Belgium, Banking, Insolvency & Restructuring, Litigation, Freshfields, Insolvency
    Authors:
    Reinout Vrielinck , Wouter Van Der Veken , Zita Leijnse
    Location:
    Belgium
    Firm:
    Freshfields
    Fraudulent Trading: Supreme Court clarifies who may need to contribute to a company’s liquidation
    2025-05-20

    The Supreme Court has handed down a decision in Bilta (UK) Ltd (in liquidation) and othersv Tradition Financial Services Ltd [2025] UKSC 18, which clarifies the parties who ar

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Rahman Ravelli, Know your customer, Fraud, Liquidation, Due diligence, HM Revenue and Customs (UK), Limitation Act 1980 (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    Full and Frank Disclosure in an Interim Order Application
    2025-05-19

    In Re Chow Kai Weng (A Debtor) [2025] HKCFI 1888, the Court dismissed the Debtor’s interim order application.

    Individual Voluntary Arrangement (IVA) is an alternative to bankruptcy – it involves an application to the Court for an Interim Order. The debtor is required to make a repayment proposal to the creditors which, on approval, is binding on all creditors. However, contrary to the widely-held belief that interim order applications appear to be non-contentious in nature, time and again the Court of Appeal has reminded practitioners that:

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Parkside Chambers, Bankruptcy
    Authors:
    Raphael Leung
    Location:
    Hong Kong
    Firm:
    Parkside Chambers
    Clarification of equitable subordination risks by Swiss Federal Supreme Court
    2025-05-16

    In a recent decision, the Swiss Federal Supreme Court has clarified equitable subordination risks in connection with shareholder loans. The key takeaways are as follows:

    Filed under:
    Switzerland, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Lenz & Staehelin, Private equity
    Authors:
    Tanja Luginbühl , Marcel Tranchet , Matthias Wolf
    Location:
    Switzerland
    Firm:
    Lenz & Staehelin

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Page 3
    • Current page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • 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