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    Re Bittrex - asset recovery and insolvency lessons for crypto exchanges
    <br>
    2026-04-16

    There are currently 45 digital asset businesses operating in Bermuda with a license from the Bermudan Monetary Authority (the BMA).

    Filed under:
    Bermuda, United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Macfarlanes LLP, Cryptocurrency, US Securities and Exchange Commission, Financial Conduct Authority (UK), Lehman Brothers, FTX, Bermuda Monetary Authority, UK Supreme Court
    Authors:
    Nikolas Ireland , Laura Bridgewater , Christopher Charlton , Chris Akka
    Location:
    Bermuda, United Kingdom
    Firm:
    Macfarlanes LLP
    InstaGroup Ltd v Northwest Insulations Ltd & Anor
    2026-04-23

    [2026] EWHC 819 (Ch)

    InstaGroup makes insulation materials and subcontracts the installation of those materials to third parties, such as Northwest, who entered into creditors’ voluntary liquidation in August 2025. Mr Stansfield was a director of Northwest from 27 August 2008 until 19 April 2022. InstaGroup alleged that Northwest breached an agreement dating from 2013, and claimed over £3 million against Northwest. InstaGroup made a claim against Mr Stansfield based on the terms of a Guarantee entered into in 2008.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Fenwick Elliott LLP
    Authors:
    Jeremy Glover
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott LLP
    Can a legal action be paused once a company is being wound up?
    2026-04-15

    This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis.

    Filed under:
    Malta, Company & Commercial, Insolvency & Restructuring, Litigation, MAMO TCV Advocates
    Authors:
    Kristen Camilleri , Jonathan Abela Fiorentino
    Location:
    Malta
    Firm:
    MAMO TCV Advocates
    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

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