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    Hadef in the Courts: Hadef & Partners successfully obtained recognition of a foreign bankruptcy judgment by Abu Dhabi Courts
    2021-07-20

    In brief:

    The case we handled relates to:

    • enforcement of a Dutch bankruptcy judgment in the UAE;
    • application of principle of reciprocity; and
    • requirements of competency, justice and public policy.

    Background

    Filed under:
    Netherlands, United Arab Emirates, Insolvency & Restructuring, Litigation, Hadef & Partners
    Authors:
    Khalid El Sherif Abdulati , Howrey Kamal
    Location:
    Netherlands, United Arab Emirates
    Firm:
    Hadef & Partners
    Delaware Bankruptcy Court Decision Supports Pathway to Make Chapter 11 Cases Less Expensive
    2021-07-16

    Section 1930(a)(6) of Title 28 requires the payment of quarterly fees to the United States Trustee (the “UST”) for each quarter that a bankruptcy case is open. The amount of fees is calculated based on the amount of disbursements made by the debtor during each quarter. But, are these fees payable when a trust, established by a confirmed plan, makes distributions rather than a debtor?

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Maura P. McIntyre
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Winding-up and forfeiture restrictions extended
    2021-07-19

    The Government has extended the restrictions in place concerning winding-up petitions and forfeiture of business tenancies until 30 September 2021 and 25 March 2022 respectively.

    The extensions will receive a mixed reception, with landlords likely to feel particularly aggrieved at the limitations imposed on their ability to pursue debt (by winding-up petition) in circumstances where the tenant can pay, but won’t pay.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DAC Beachcroft, Coronavirus, Winding-up
    Authors:
    Kevin Hawthorn , Giles Hindle , Christopher Wall
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    Liquidators’ Powers: Successful application under section 266 of the Companies Act to examine former director
    2021-07-19

    Liquidators have wide-ranging powers under the Companies Act 1993 (Companies Act), including the power to request directors, shareholders or any other relevant person to assist in the liquidation of a company.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Hesketh Henry
    Authors:
    Glen Holm-Hansen
    Location:
    New Zealand
    Firm:
    Hesketh Henry
    Rescinding a winding-up order - the importance of timing
    2021-07-19

    In Sarjanda Ltd (in liquidation) v Aluminium Eco Solutions Ltd and another [2021] EWHC 210 (Ch), an application to rescind a winding up order was refused where the application had been made over two years outside of the five-day time limit. That level of delay, allegedly caused by the company negotiating payment of its debts, was not a good enough reason for the breach of the time limit.

    Filed under:
    United Kingdom, England & Wales, Insolvency & Restructuring, Litigation, DAC Beachcroft, Coronavirus, Winding-up
    Authors:
    Kevin Hawthorn , Giles Hindle , Christopher Wall
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    Non-party v "real party": third-party costs orders and liquidators
    2021-07-16

    The recent case of Official Receiver v Deuss [2021] EWHC 1842 (Ch) provides legal and insolvency practitioners with guidance as to the test to be applied when considering whether a third-party costs order should be made against a liquidator who takes steps against an alleged de facto director of the company in liquidation. In this case, the step concerned was an application for public examination pursuant to section 133(2) of the Insolvency Act 1986 (the Section 133 Application).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Macfarlanes LLP
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Supreme Court returns to orthodox interpretation of liquidated damages clauses
    2021-07-16

    Introduction

    The UK Supreme Court has today handed down a significant and highly anticipated decision on the interpretation of liquidated damages clauses.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Watson Farley & Williams, House of Lords, UK Supreme Court, Technology and Construction Court
    Authors:
    Robert Fidoe , Ratthakarn Boonnua , Emily Sadie
    Location:
    United Kingdom
    Firm:
    Watson Farley & Williams
    Second Circuit Finds 2017 Fee Increase for Chapter 11 Debtors Unconstitutional, Awards Debtors a Refund
    2021-07-16

    On May 24, 2021, the Second Circuit held that a 2017 increase to the quarterly fees paid by chapter 11 debtors was unconstitutional and awarded Clinton Nurseries, Inc., Clinton Nurseries of Maryland, Inc. and Clinton Nurseries of Florida, Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Ninth Circuit
    Authors:
    Jacob A Adlerstein , Paul M. Basta , Brian Bolin , Robert Britton , Kelley A. Cornish , Alice Belisle Eaton , Brian S. Hermann , Kyle J. Kimpler , Alan W Kornberg , Elizabeth R. McColm , Andrew M. Parlen , Andrew N. Rosenberg , Jeffrey D. Saferstein , John Weber , Michael M. Turkel
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Singapore: Court of Appeal clarifies that the cash flow test is the determinative test to ascertain whether a company is unable to pay its debts
    2021-07-15

    In brief

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Nandakumar Ponniya , Emmanuel Chua , Kai Tai Yiu
    Location:
    Singapore
    Firm:
    Baker McKenzie
    HKSAR and Mainland sign record of meeting concerning mutual recognition of and assistance in insolvency proceedings
    2021-07-15

    On 14 May 2021, Hong Kong’s Secretary for Justice, Ms. Teresa Cheng, SC, and Mainland China’s Vice-President of the Supreme People’s Court (“SPC”), Mr. Yang Wanming, signed a record of meeting in Shenzhen concerning mutual recognition of and assistance in insolvency proceedings between the courts of the Mainland and the Hong Kong Special Administrative Region (“HKSAR”).

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Hauzen
    Authors:
    Emma Tsang
    Location:
    China, Hong Kong
    Firm:
    Hauzen

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