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    Court of Appeal for Ontario issues guidance on appeals from bankruptcy orders and Mareva survival
    2026-04-28

    In Aquino (Re)1, the Court of Appeal for Ontario delivered a significant decision addressing several issues of importance to insolvency practitioners: the right to appeal a bankruptcy order without leave; the incidental authority of a CCAA monitor to seek a bankruptcy order against a judgment debtor; and—perhaps most notably—the continuation of a M

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Torys LLP, Supreme Court of Canada, Court of Appeal for Ontario, Ontario Superior Court of Justice
    Authors:
    Scott Bomhof , Jeremy Opolsky , Alex Bogach , Charles Kanani
    Location:
    Canada
    Firm:
    Torys LLP
    TAQA appeal ruling Why directors must rethink intra-group deals
    2026-04-22

    The Court of Appeal’s recent judgment in TAQA Bratani Limited [2025] EWCA Civ 1669 (“TAQA”) has reshaped the risk landscape for directors operating within corporate group structures, particularly complex ones.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Shoosmiths LLP
    Authors:
    Lauren Moroney , Hannah Field , Hayley Çapani
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    The Interplay Between Supervision Applications and Winding Up on the Just and Equitable Ground: Re Atlas Capital Markets LLC
    2026-04-28

    In its recent judgment in Re Atlas Capital Markets LLC [2026] CIGC (FSD) 19, the Grand Court considered itself bound to make a supervision order pursuant to s.131(b) of the Companies Act, notwithstanding that the company was the subject of a pending just and equitable winding up (J&E) petition when its voluntary liquidation was commenced; and rejected an attack on the joint voluntary liquidators’ (JVLs) independence, which was principally based on a misreading of the JVLs’ evidence and lacked any objective foundation.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Appleby, Cayman Islands Court of Appeal
    Authors:
    Andrew Jackson , Luke Burgess-Shannon , Sofia Kranjec
    Location:
    Cayman Islands
    Firm:
    Appleby
    Litigation and strategy - testing the limits in the Mirabela liquidation
    2026-04-22

    Strategy cannot override practitioner's duties to the court or interfere with the interest of finality and efficiency of the justice system.

    Litigation is often a series of strategic plays. The Full Federal Court decision in Madden (Receiver) v Mining Standards International Pty Ltd [2025] FCAFC 142 provides helpful guidance regarding the difference between impermissible tactical claim splitting and legitimate financial constraints influencing a party’s approach in litigation.

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Aon, European Securities and Markets Authority
    Authors:
    Cameron Belyea , Rebecca Hanrahan , Lauren Bracewell
    Location:
    Australia
    Firm:
    Clayton Utz
    An Old Mediation Controversy—Based on Misunderstandings & Overreactions? (In re Caesars Entertainment)
    2026-04-28

    In re Caesars Entertainment is one of the major-and-successful bankruptcy cases in the history of these United States. 

    The Caesars bankruptcy was filed on January 15, 2015, in the Northern Illinois Bankruptcy Court with $18 billion of debt.  It achieved a confirmed plan two years later (on January 17, 2017).  The bankruptcy case finally closed within the last six months (on December 3, 2025), and its last docket entry [No. 9968] is dated January 12, 2026.

    Mediation Controversy—Background

    Filed under:
    USA, Nebraska, Arbitration & ADR, Insolvency & Restructuring, Litigation, Koley Jessen PC, Mediation
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Spain's Supreme Court rules that assignment of claims does not determine insolvency ranking
    2026-04-22

    The decision confirms that ranking depends on when the claim arises not when it is assigned

    The Spanish Supreme Court, in its ruling 22/2026, has addressed a frequently contested question in Spanish insolvency law: whether the subordination of a claim based on the creditor being a related party should be determined at the time the claim originates or at the time it is later acquired by assignment.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Osborne Clarke LLP, Insolvency
    Authors:
    Eduard Arruga , Victoria Bobo , Francisco López Flores
    Location:
    Spain
    Firm:
    Osborne Clarke LLP
    The Insolvency and Bankruptcy Code (Amendment) Act, 2026 (Granted Presidential Assent on 6th April 2026)
    2026-04-28

    I. INTRODUCTION 

    Filed under:
    India, Insolvency & Restructuring, Litigation, Parinam Law Associates, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Pooja Tidke , Krushi N Barfiwala
    Location:
    India
    Firm:
    Parinam Law Associates
    Liability management exercises - using disclosure as a tool
    <br>
    2026-04-22

    Liability management exercises, sometimes dubbed ‘creditor-on-creditor violence’, are now a defining feature of the global restructuring market. Their growing use has been matched by an increase in related litigation, and has brought with it what is for many restructuring professionals a whole new world of disclosure.

    How does disclosure work in four key jurisdictions - England & Wales, New York, the Netherlands, and Luxembourg?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields, Office of Foreign Assets Control (USA), Mitel, Thames Water, Petrofac, Oil & gas exploration & production, Telecoms services
    Authors:
    Neil Golding , Emilio Salice , Sunil Singh , Henry Hutten , Madlyn Primoff
    Location:
    United Kingdom
    Firm:
    Freshfields
    Bankruptcy Court Denies Motions to Convert Case and to Appoint an Examiner
    <br>
    2026-04-28

    A bankruptcy judge has ruled that a debtor can satisfy the Bankruptcy Code’s rehabilitation standard by selling its assets as a going concern and thereby avoid conversion from chapter 11 to chapter 7. In the same decision, the court denied a motion seeking the appointment of what the movants called an “examiner with expanded powers.” In re Deqser, LLC, Case No. 25-10687, 2026 Bankr. LEXIS 1004 (Bankr. D. Del. Apr. 22, 2026).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Related, but not protected: Alberta court denies CCAA stay extension and permits receivership
    1969-12-31
    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Receivership, National Bank of Canada, ATB Financial
    Authors:
    Derek Pontin
    Firm:
    Dentons

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