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    Expanding the investigative powers of a CCAA monitor
    2021-10-08

    In the matter of the Companies’ Creditors Arrangement Act (the “CCAA”) of Bloom Lake, the Superior Court of Québec rendered a judgment regarding the expansion of the powers of the monitor in a context where a creditor refused to produce documentation requested by the debtors.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Companies' Creditors Arrangement Act 1933 (Canada)
    Authors:
    Gabriel Faure , Janie L.-Roy
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Japanese Corporate Restructuring and Tax Avoidance Claims in Recent Cases: Standard Articulated
    2021-10-08

    Corporate restructuring transactions are often motivated by tax planning, though there are usually other legitimate corporate needs to be achieved. The Corporations Tax Code of Japan contains provisions granting the government power to deny the effects of corporate restructuring for tax purposes—e.g., Article 132 (for family company group transactions) and Article 132-2 (for intra-group mergers and other reorganizations). In recent years, Japanese courts have been trying to clarify the standard for denying the tax effect of certain restructuring transactions.

    Filed under:
    Japan, Insolvency & Restructuring, Litigation, Tax, Paul Hastings LLP, Supreme Court of the United States
    Authors:
    Toshiyuki Arai
    Location:
    Japan
    Firm:
    Paul Hastings LLP
    Temporary insolvency practice direction provides certainty about administration appointments
    2021-10-08

    Throughout the pandemic we have seen a succession of temporary practice directions, enabling practitioners to deal with the swearing of notices of intention (NOI) and notices of appointment (NOA) of administrators remotely, as well as answering a question which the judiciary had grappled with several times – when does a notice of intention or notice of appointment come into effect if filed outside of court hours?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    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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