The Hon’ble Supreme Court has recently upheld a Judgement of the Division Bench of Tripura High Court in the case of Sri Subhankar Bhowmik vs Union of India(1) wherein it was held that a Decree Holder cannot be treated at par with Financial Creditors in a Corporate Insolvency Resolution Process (CIRP) initiated under the Insolvency and Bankruptcy Code, 2016 (Code).

Quite recently, a two Judges’ bench of the Hon’ble Apex Court in Indian Overseas Bank v. M/s. RCM Infrastructure Ltd. & Anr., Civil Appeal No. 4750/2021 (dated 18.05.2022), inter alia, determined on the issue of applicability of provisions under Section 14 of the Insolvency and Bankruptcy Code, 2016/ IBC/ Code to a proceeding initiated in terms of the SARFAESI Act, in particular, auction sale.

Anti-phoenix laws were introduced in 2020, however, it wasn’t until last week that a judgment enforced these laws in Court, setting out clear precedent for future cases. In the case of Intellicomms Pty Ltd (in Liquidation) (Intellicomms) & Ors v Technologie Fluenti Pty Ltd (Technologie Fluenti), Associate Justice Gardiner observed that the case had “all the classic hallmarks of a phoenix transaction” before handing down his decision.

The appointment of voluntary administrators to Probuild in March 2022 sent shockwaves through the construction industry. External administrations of other recognised brands such as Grocon, ABD Group, Privium and Condev have also caught media attention. Overall, external administrations in the construction industry have been increasing, notwithstanding that the insolvency numbers generally have declined to historical 20-year lows. The insolvency of each builder impacts numerous parties including developers, principals, sub-contractors, suppliers, consultants and employees.

This question had until recent times been a conundrum of modern fixed charge receiverships (as well as receivers appointed under the Law of Property Act 1925), because in the scenario of the receiver seeking to step in and deal with property, the receiver is also said to be the borrower's deemed agent. It therefore begged a thorny question of the receiver, about how to reconcile being on both sides of the possession action.

Insolvency officeholders seeking to realise claims or other rights of action will take comfort from the Court of Appeal’s decision in Re Edengate [2022] EWCA Civ 626.

The Court held that failure by a liquidator to give a defendant the opportunity to buy or settle a claim against it before selling the claim to a third party is not necessarily perverse. However, it may often be sensible or good practice to do so.

In Algeri, in the matter of WBHO Australia Pty Ltd (Administrators Appointed) [2022] FCA 169, the Federal Court heard the second application by the administrators who were seeking an extension to the convening period for the second meeting of creditors, which pursuant to section 439A(5) of the Corporations Act 2001 (Cth) (the Act) was set to expire on 24 March 2022.

Hoge Raad 22 januari 2022, ECLI:NL:HR:2022:80 (www.rechtspraak.nl).

Introductie

In het onderhavige arrest buigt de Hoge Raad zich over de volgende vraag: kan de curator een girale betaling, gedaan na datum faillissement vanaf een op naam van de failliet staande bankrekening met een debetsaldo, als onverschuldigd terugvorderen wegens strijdigheid met het fixatiebeginsel of de paritas creditorum?

Johnson & Johnson (“J&J”) sold baby powder for decades.

Today, J&J is facing tens of thousands of lawsuits alleging that its baby powder causes cancer. And the number of new cancer claimants is increasing daily—with many thousands yet to be identified over decades to come.

So, J&J turns to bankruptcy to address this litigation threat, to protect future claimants, and to protect the going concern value of its global operations. [Fn. 1]

Facts

The Supreme Court of India (“SC”) in the judgment New Delhi Municipal Council v. Minosha India Limited, dated 27 April, 2022, Civil Appeal No. 3470 of 2022 has clarified the position on the applicability of the Limitation Act, 1963 (“Act”) and the Insolvency and Bankruptcy Code, 2016 (“IBC”).