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    Developments in Restructuring Plans: Gategroup
    2021-04-29

    On 26 March 2021, Mr Justice Zacaroli of the English High Court sanctioned a restructuring plan (the Plan) proposed by gategroup Guarantee Limited (Gategroup), following approval at two creditors' meetings convened pursuant to a judgment handed down by Mr Justice Zacaroli on 17 February 2021.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Location:
    European Union, United Kingdom
    Firm:
    Mayer Brown
    Businesses contemplating reorganization or shutdown should evaluate employment law risks
    2021-04-29

    .A look at relevant employment laws and litigation vulnerabilities that companies, including their owners, officers and directors, should consider before ceasing operations or filing for bankruptcy. 

    Filed under:
    USA, New Jersey, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Employee Retirement Income Security Act 1974 (USA), Coronavirus, Equal Employment Opportunity Commission (USA)
    Authors:
    Wendy Johnson Lario , Scott P. Humphreys , Alan J. Brody
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    What can landlords do about restructuring plans?
    2021-04-29

    Virgin Active has been in the news recently, as it has proposed restructuring plans which rely on the new legislation found in the Corporate Governance and Insolvency Act 2020.

    In this insight, we will explain:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Landlord
    Authors:
    Clive Chalkley
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Another major breakthrough: Mutual assistance in cross-border insolvency between China Mainland and Hong Kong
    2021-04-29

    Introduction

    The recent decision by the Hong Kong* court in Re Ando Credit Ltd [2020] HKCFI 2775 marks its first appointment of provisional liquidators[1] over a Hong Kong company with the express purpose of allowing the liquidators to seek recognition in China Mainland.

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, King & Wood Mallesons
    Authors:
    Barbara Chiu , Nichole Hou
    Location:
    China, Hong Kong
    Firm:
    King & Wood Mallesons
    Businesses under pressure to reduce space
    2021-04-29

    Alex Jay writes for Accountancy Daily on various scenarios for companies looking to restructure their office space in the wake of the pandemic and subsequent re-evaluation of the use of office space.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Stewarts, Coronavirus
    Authors:
    Alex Jay
    Location:
    United Kingdom
    Firm:
    Stewarts
    中国内地与香港跨境公司清盘互助的又一突破
    2021-04-29

    引言

    香港法院最近在Re Ando Credit Ltd [2020] HKCFI 2775一案中,首次批准一家香港公司任命临时清盘人[1],并明确旨在允许该临时清盘人向中国内地法院寻求内地法律的承认和执行。

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, King & Wood Mallesons
    Authors:
    Jiao Huang Shi Yun , Nichole Hou
    Location:
    China, Hong Kong
    Firm:
    King & Wood Mallesons
    Cross Border Restructurings and Releases of Non-Debtor Guarantors: Chapter 15 Update
    2021-04-26

    Third-party releases, particularly releases of non-debtor affiliated guarantors, are commonly a critical feature of a successful cross-border restructuring. In U.S. restructurings, where New York law typically governs the arrangements among a borrower, its lenders/noteholders and its guarantors, the restructuring or release of the primary obligor does not, without more, result in the restructuring or release of the guarantors’ obligations in respect of the guarantees. For this reason, in U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer
    Authors:
    Madlyn Gleich Primoff , Alexander Rich
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer
    Court of Appeal overturns decision that suggested damages might be calculated differently where claimant is hopelessly insolvent
    2021-04-26

    The Court of Appeal has struck out Quincecare duty and dishonest assistance claims brought by the liquidators of a company operating a Ponzi scheme against a correspondent bank that operated various accounts for the company.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Balance Sheet and Acknowledgement of Debt in IBC - Hanging in Balance No More!
    2021-04-26

    A three-judge Bench of the Supreme Court (SC), by a common judgement in Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal (15 April 2020, Civil Appeal No 323 of 2021) and related matters, has held that the  for the purposes of Insolvency and Bankruptcy Code, 2016 (IBC), balance sheet entries  could constitute an acknowledgment of debt under Section 18 of the Limitation Act, 1963 (Limitation Act). 

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Supreme Court of India
    Authors:
    Rajeev Vidhani , Vishnu Shriram , Abhimanyu Phadke
    Location:
    India
    Firm:
    Khaitan & Co
    New Chapter 11 Filing - Secure Home Holdings LLC
    2021-04-26

    On April 25, 2021, Secure Home Holdings LLC and various affiliates, which provide home security services and smart home automation to residential and small business customers, filed a petition for relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10745). The company reports $100 million to $500 million in both assets liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC

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