Fonte: Uol

A Justiça trabalhista de Minas Gerais concedeu decisão favorável ao Cruzeiro SAF para livra-la da cobrança direta de uma dívida do clube. Houve o entendimento judicial que a Lei das SAF se tornaria “inútil” se o clube-empresa pudesse ser alvo de todas as ações por débitos da associação.

On June 30, 2022, Plano, Texas-based mortgage lender First Guaranty Mortgage Corp. (“FGMC”), filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 22-10584). FGMC reports $500 million to $1 billion in both assets and liabilities.

In the matter of an application for recognition and assistance by the provisional liquidator of Global Brands Group Holding Limited (in liquidation) [2022] HKCFI 1789 (date of decision: 23 June 2022)

The Hong Kong Court has recently granted recognition and assistance to the Bermuda provisional liquidator of Global Brands Group Holding Limited (in liquidation) (Global Brands / Company). Stephenson Harwood acted for the provisional liquidator.

簡介

最近在Re Hong Kong Bai Yuan International Business Co., Ltd [2022] HKCFI 960一案中，原訟法庭（「法院」）命令被告人（「該公司」）向呈請人（「呈請人」）償還一項受仲裁協議涵蓋的債務，否則將被頒令清盤。法院澄清，雖然法院在行使酌情權時會給予仲裁協議相當大的比重，但不一定將事情轉交仲裁處理。

背景

呈請人於2021年6月10日提出呈請（「該呈請」），要求法院對該公司發出清盤令，理由是該公司未能遵守關於一項955,000歐元債務（「該債務」）的法定要求償債書，因此根據香港法例第32章《公司（清盤及雜項條文）條例》（「該條例」）第178條被視為無力償債。

[This paper originally presented at the Manitoba Bar Association Mid-Winter Conference, January, 2003. It was updated and revised for the 2011 Pitblado Lectures and again updated in June, 2022.]

On 30 June 2022, the English court handed down judgment and made a winding-up order in respect of Galapagos S.A., marking an important milestone in an almost three-year cross-border insolvency battle involving the English, German and European courts.

The decision also provides helpful guidance on the application of the Recast European Insolvency Regulation post-Brexit, as well as the extent to which pre-Brexit jurisprudence should still be considered retained in, or relevant to, English law.

Galapagos: The Facts

On June 30, 2022, Palo Alto, California-based mobile technology retailer pairing company Enjoy Technology, Inc., along with two affiliates, who provide a revolutionary commerce-at-home experience for consumers through the companies’ network of mobile retail stores, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No.

Introduction

Diego Sierra is a dispute resolution expert who is praised for his profound ability “to understand the key points of a complex case”.

Questions & Answers

Introduction

Under the Insolvency, Restructuring and Dissolution Act 2018, the Court may order the winding up of a company on a number of grounds, including where the company is unable to pay its debts. In Energy Resource Investment Pte Ltd v International Golf Resorts Pte Ltd [2022] SGHC 134, the Singapore High Court was faced with such a winding up application, and set out the relevant considerations for establishing insolvency on this ground, as well as how such insolvency may be refuted.