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    Insolvency Law Newsletter for September 2021
    2021-10-10

    INTRODUCTION

    This newsletter covers key updates about developments in the Insolvency Law during the month of September 2021.

    We have summarized the key judgments passed by the Supreme Court of India (SC), National Company Law Appellate Tribunal (NCLAT) and the National Company Law Tribunals (NCLT). Please see below the summary of the relevant regulatory developments.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Acuity Law, Power of attorney, Force majeure
    Location:
    India
    Firm:
    Acuity Law
    Placing an Australian company into voluntary administration: what opinion must the appointing directors hold?
    2021-10-10

    In Australia, s 436A of the Corporations Act 2001 (Cth) (Act) provides for the circumstances in which a company may appoint a voluntary administrator. This provision requires the company’s board to resolve that: (a) in the opinion of the directors voting for the resolution, the company is insolvent, or is likely to become insolvent at some future time; and (b) an administrator of the company should be appointed.

    Filed under:
    Australia, Hong Kong, Singapore, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Company voluntary arrangement, Litigation, Pre-pack, Restructuring of multinational corporate groups, Cross-border insolvency, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    U.S. Supreme Court Seems Poised to Address Constitutionality of 2018 U.S. Trustee Fee Increase
    2021-10-11

    Back in July, Craig Eller wrote in The Bankruptcy Protector about the continuing confusion amongst courts and litigants regarding the applicability of a 2018 increase in fees payable to the Office of the United States Trustee in chapter 11 cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Overview of India’s Insolvency and Bankruptcy Code
    2021-10-06

    Abhishek Tripathi and Mani Gupta, Sarthak Advocates & Solicitors

    This is an extract from the 2022 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    India, Insolvency & Restructuring, Litigation, Global Restructuring Review, Coronavirus
    Location:
    India
    Firm:
    Global Restructuring Review
    ERGO Analysing Developments Impacting Business: National Spot Exchange Limited (“NSEL”) v Mr. Anil Kohli, Resolution Professional for Dunar Foods Limited
    2021-10-06

    Introduction:

    Aggrieved by the order of the National Company Law Appellate Tribunal (NCLAT) refusing to condone a delay of 44 (forty-four) days in filing an appeal against the order passed by the National Company Law Tribunal (NCLT), the Appellant (i.e., National Spot Exchange Limited) preferred an appeal before the Hon’ble Supreme Court of India. 

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of India
    Authors:
    Kingshuk Banerjee , Shayan Dasgupta , Taha Mirza
    Location:
    India
    Firm:
    Khaitan & Co
    Latest Developments in Hong Kong Restructuring Law
    2021-10-06

    Heidi Chui, Stevenson, Wong & Co

    This is an extract from the 2022 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Global Restructuring Review, Coronavirus
    Location:
    Hong Kong
    Firm:
    Global Restructuring Review
    Questioning Willful Violations of the Automatic Stay: Third Circuit Gives University the Third Degree
    2021-10-06

    A recent decision by the Court of Appeals for the Third Circuit affirming the decisions of both the bankruptcy and district courts, provides an interesting analysis of “willful” violations of the automatic stay under Section 362 of the Bankruptcy Code. See California Coast Univ. v. Aleckna (In re Aleckna), No. 20-1309 (3d Cir. 2021).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cullen and Dykman LLP, U.S. Court of Appeals
    Authors:
    Michael H. Traison , Amanda A. Tersigni , Thomas R. Slome
    Location:
    USA
    Firm:
    Cullen and Dykman LLP
    Measures Relating to Business Turnaround During and Post-Covid-19 in Japan
    2021-10-06

    Hajime Ueno, Masaru Shibahara and Hiroki Nakamura, Nishimura & Asahi

    This is an extract from the 2022 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Japan, Insolvency & Restructuring, Litigation, Global Restructuring Review, Private equity, Supply chain, Due diligence, Digital transformation, Coronavirus
    Location:
    Japan
    Firm:
    Global Restructuring Review
    The Path to Corporate Rescue Reform in Malaysia
    2021-10-06

    Rabindra S Nathan, Shearn Delamore & Co

    This is an extract from the 2022 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

    In summary

    Filed under:
    Malaysia, Insolvency & Restructuring, Litigation, Global Restructuring Review, Coronavirus
    Location:
    Malaysia
    Firm:
    Global Restructuring Review
    Administration of NMCN PLC
    2021-10-06

    According to press reports, utilities contractor NMCN (formerly North Midland Construction) plc and its subsidiary NMCN Sustainable Solutions Limited, have gone into administration.

    Administration is the procedure by which a company that is, or is likely to become, insolvent can be reorganised or have its assets realised for the benefit of creditors. The primary aim of an administration is to rescue the company so that it can continue to trade as a going concern. If this is not possible, a company may go into administration for two other purposes:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Beale & Co
    Authors:
    James Hutchinson
    Location:
    United Kingdom
    Firm:
    Beale & Co

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