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    UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law
    2024-05-03

    The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Latham & Watkins LLP, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Bruce Bell , Stuart Davis , Gabriel Lakeman , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Ashurst Restructuring Roundup
    2024-05-02

    DoCA's: What Claims can be Released?

    PK Riddell Investments Pty Ltd v Upwards Up And Gone Pty Ltd [2024] VSC 159 ("Riddell Investments")

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Ashurst
    Authors:
    Richard Fisher , Emanuel Poulos
    Location:
    Australia
    Firm:
    Ashurst
    The precarious position of the voting rights of post commencement creditors
    2024-03-20

    The rescue of a company in business rescue ultimately depends on the implementation of a viable business rescue plan which has received the support of 75% of the creditors of the company. A recent business rescue case of Wescoal Mining (Pty) Ltd Another v Mkhombo NO1 and Other has potentially wide-ranging implications for creditors after business rescue has commenced.

    Filed under:
    South Africa, Company & Commercial, Insolvency & Restructuring, Litigation, CMS South Africa
    Authors:
    Riza Moosa , Karabo Kanapi
    Location:
    South Africa
    Firm:
    CMS South Africa
    2024 Litigation Look Ahead Series: Key Cases That Could Impact CERCLA Liability and Contribution Claims
    2024-03-20

    B&D is pleased to present the next installment of our 2024 Litigation Look Ahead series. (Read part four covering Fifth Amendment takings cases here).

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Beveridge & Diamond PC, Supreme Court of the United States
    Authors:
    Susan E. Smith , Nicole B. Weinstein , Michael Campinell , Lia Crutchfield , Justin A. Weatherwax
    Location:
    USA
    Firm:
    Beveridge & Diamond PC
    Singapore Court recognises Indonesian PKPU proceedings for the first time
    2024-03-19

    In a move that facilitates the seamless integration of cross-border insolvency proceedings between Singapore and Indonesia, Singapore’s International Commercial Court has for the first time granted recognition of Indonesian PKPU proceedings in Re PT Garuda Indonesia (Persero) Tbk [2024] SGHC(I) 1.

    Filed under:
    Indonesia, Singapore, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Jonathan Tang , Daniel Waldek , Prawidha Murti
    Location:
    Indonesia, Singapore
    Firm:
    Herbert Smith Freehills LLP
    Navigating the Nuances of Debt Respite Regulations
    2024-03-19

    Breathing Spaces and Mental Health Crisis Moratoriums (MHCM) were introduced by the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the "2020 Regulations").

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mishcon de Reya LLP
    Authors:
    Megan Hulme , Nick Payne
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya LLP
    What do I do if….a creditor attempts to wind up my company?
    2024-03-19

    Whilst most people would hope it could never happen to them, in our experience it often can. As such it pays to be prepared.

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Litigation, Brodies LLP, Supply chain
    Authors:
    Sarah Wilson , Lucy McCann
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Mauritius: Landmark decision - The Supreme Court of Mauritius rules on priority of creditors in receivership case
    2024-03-19

    Overview

    Filed under:
    Mauritius, Insolvency & Restructuring, Litigation, Bowmans
    Authors:
    Gilles Athaw , Anu Matikola
    Location:
    Mauritius
    Firm:
    Bowmans
    Between the lines- March, 2024
    2024-03-19

    March, 2024 For Private Circulation - Educational & Informational Purpose Only A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS * NCLT: Corporate insolvency resolution process cannot be initiated under Section 7 of IBC based on transfer agreement for purchase of debentures from financial creditors. ⁎ NCLAT: Security for refund of advance amount cannot change the nature of transaction for supply of goods into financial debt.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Negotiable Instruments Act 1881 (India), Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates
    Singapore: Singapore International Commercial Court recognises Garuda’s Indonesian restructuring in landmark decision
    2024-03-18

    In brief

    On 18 January 2024, the Singapore International Commercial Court (SICC) issued its decision in Re PT Garuda Indonesia (Persero) Tbk [2024] SGHC(I) (“Re Garuda Indonesia“), which was the SICC’s first decision on an application under the UNCITRAL Model Law on Cross-Border Insolvency (as enacted in Singapore in the Third Schedule of the Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) (“Singapore Model Law“)).

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Baker McKenzie, Insolvency, Singapore High Court, Singapore International Commercial Court
    Authors:
    Nandakumar Ponniya , Emmanuel Chua , Darrell Lee
    Location:
    Singapore
    Firm:
    Baker McKenzie

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