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    Changes to the regulation of third party litigation funding - insolvency practitioners should take note
    2020-08-12

    Litigation funders in Australia are now subject to increased regulation following the passing of the Corporations Amendment (Litigation Funding) Regulations 2020 (Cth). The amendments apply to schemes or arrangements entered into on or after 22 August 2020.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Holding Redlich, Litigation funding
    Location:
    Australia
    Firm:
    Holding Redlich
    Schemes of Arrangement Under The Insolvency, Restructuring And Dissolution Act
    2020-08-12

    On 30 July 2020, the Insolvency, Restructuring and Dissolution Act 2018 (IRDA) came into operation. The IRDA is an omnibus legislation housing all of Singapore’s insolvency and restructuring laws in one single piece of legislation.

    The general framework of the IRDA has been discussed in the first article in our series of articles covering the various aspects of IRDA and can be found here.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Clyde & Co LLP
    Authors:
    Junxiang Koh , Prakash Pillai
    Location:
    Singapore
    Firm:
    Clyde & Co LLP
    Three requirements for winding up foreign company restated by Hong Kong Court of Appeal
    2020-08-13

    The long-running saga between Shandong Chenming Paper Holdings (“Shandong Chenming“) and Arjowiggins HKK2 Ltd (“Arjowiggins“) has continued with the Court of Appeal handing down its judgment on an appeal against a lower court judgment which had dismissed Shandong Chenming’s application to injunct Arjowiggins from presenting a winding-up petition against Shandong Chenming (Shandong Chenming Paper Holdings Limited v. Arjowiggins HKK2 Limited [2020] HKCA 670).

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Gareth Thomas , Alexander Aitken , Kathryn Sanger , Philip Lis , Peter Ng , Jacob Sin
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    From the Top in Brief: U.S. Supreme Court Bankruptcy Roundup
    2020-08-13

    Appointment of PROMESA Financial Oversight Board Was Constitutional

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Senate, Supreme Court of the United States
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    A non ‘priggish’ Court of Appeal allows MVL Business Rates Avoidance Scheme to survive: SoS -v- MB Vacant Property Solutions Limited [2020] EWCA Civ 1017
    2020-08-11

    Having successfully obtained a public interest winding-up order in Re PAG Management Services Limited [2015] BCC 720 which operated a business rates avoidance scheme using Members’ Voluntary Liquidations, the Secretary of State for Business, Energy and Industrial Strategy unsuccessfully tackled its successor in the Court of Appeal.

    The scheme in this case (Scheme 3) was a variant upon two earlier schemes, Scheme 2 being no longer in operation following the public interest winding-up of PAG Management Services Limited.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, JMW Solicitors, Commercial tenant, HM Revenue and Customs (UK)
    Authors:
    Cory Bebb
    Location:
    United Kingdom
    Firm:
    JMW Solicitors
    Re Debenhams Retail: do the wages of furloughed employees enjoy super priority in an insolvency?
    2020-08-11

    In this article, we examine the repercussions of Debenhams Retail Ltd, Re [2020] EWCA Civ 600

    Background

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Gatehouse Chambers, Coronavirus, Insolvency Act 1986 (UK)
    Authors:
    Usman Roohani
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    I have my judgment - what next?
    2020-08-12

    Enforcement options in England & Wales – recent High Court judgment provides rare guidance on Orders for Questioning

    Once the litigation or arbitration has been fought and you obtain a judgment in your favour, if your opponent does not pay up, a new process will begin in attempting to enforce that judgment.

    Filed under:
    United Kingdom, England & Wales, Arbitration & ADR, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP
    Authors:
    Catherine Penny , Elizabeth Butler
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    The Impact of COVID-19 on Bankruptcy Proceedings in Japan
    2020-08-12

    Although Japan has so far been successful in keeping COVID-19 cases relatively low, the economy has been heavily hit by the COVID-19 pandemic and the government’s request for self-restraint. The number of bankruptcy cases in Japan has been increasing due to such economic impact and unfortunately, the number is expected to continue to grow in various industries. This Newsletter provides an outline of general bankruptcy proceedings in Japan and the impact of COVID-19 on bankruptcy practice.

    Overview of Bankruptcy Proceedings in Japan

    Filed under:
    Japan, Company & Commercial, Insolvency & Restructuring, Litigation, City-Yuwa Partners, Coronavirus, Microsoft, CARES Act 2020 (USA)
    Authors:
    Yoko Maeda
    Location:
    Japan
    Firm:
    City-Yuwa Partners
    A New European Restructuring Landscape
    2020-08-10

    A comparison of the new Dutch Scheme and the new UK Restructuring Plan.

    Introduction

    Filed under:
    Netherlands, United Kingdom, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Coronavirus
    Authors:
    Sabine Schoute , Rupert Cheetham
    Location:
    Netherlands, United Kingdom
    Firm:
    Greenberg Traurig LLP
    A New European Restructuring Landscape
    2020-08-10

    A comparison of the new Dutch Scheme and the new UK Restructuring Plan.

    Introduction

    Filed under:
    European Union, Netherlands, United Kingdom, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Coronavirus
    Authors:
    Sabine Schoute , Rupert Cheetham
    Location:
    European Union, Netherlands, United Kingdom
    Firm:
    Greenberg Traurig LLP

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