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    Unfair prejudice petitions are subject to statutory limitation periods
    2024-03-07

    The Courts, practitioners and leading textbooks have always assumed that the Limitation Act 1980 (the Limitation Act) does not apply to claims for relief from unfair prejudice under section 994 of the Companies Act 2006 (the Companies Act).

    In THG Plc v Zedra Trust Company (Jersey) Limited [2024] EWCA Civ 158, the Court of Appeal examined the basis for that assumption and unanimously decided that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Limitation Act 1980 (UK), Consumer Credit Act 1974 (UK), Companies Act 2006 (UK)
    Authors:
    Lois Horne , Dominic Sedghi , Joanna Constantis , Madeleine Brown
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Insolvency & Restructuring Case Summaries
    2024-03-12

    The Supreme Court of NSW refused to validate the appointment of a voluntary administrator (Administrator) to Premier Energy Resources Pty Ltd (Company) under section 447A of the Corporations Act 2001 (Cth) (Act) after the Administrator failed to investigate allegations of fraud surrounding his appointment.

    Filed under:
    Australia, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    ABI’s Subchapter V Task Force Recommends Making The $7,500,000 Debt Cap Permanent
    2024-03-12

    The American Bankruptcy Institute’s Subchapter V Task Force has issued its “Preliminary Report” on “Maintaining the $7,500,000 Debt Cap for Subchapter V Eligibility.” This article quotes from and summarizes the Report.

    Recommendation

    The Task Force recommends making permanent the $7,500,000 debt cap for Subchapter V eligibility, which is set to expire and revert to $3,024,725 on June 21, 2024.

    Supporting Factors

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, US Congress, American Bankruptcy Institute
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Luxembourg: Opening of a judicial reorganization procedure, any risk of abuse?
    2024-03-11

    In brief

    The Act of 7 August 2023 on the preservation of businesses and the modernization of bankruptcy law, which came into force on 1 November 2023 ("Act"), has been met with great relief and enthusiasm from practitioners and businesses alike. It finally offers alternatives to the systematic bankruptcy of a company that is unable to pay its debts for lack of liquidity, despite the existence of assets or medium-term growth potential.

    Filed under:
    Luxembourg, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Annie Elfassi , Jean-François Trapp , Valérie Kopéra
    Location:
    Luxembourg
    Firm:
    Baker McKenzie
    Court Rules That Financed Residential Solar System Is a Consumer Good, Not a Fixture
    2024-03-11

    Whether a solar system is a “fixture” sounds like a mundane legal issue – but it has significant implications for the residential solar industry and for the financing of residential solar systems. If a system is regarded as a “fixture” of the house to which it is attached, then the enforceability and priority of the finance company’s lien on the system will be subject to applicable real estate law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Uniform Commercial Code (USA)
    Authors:
    Jay Bender , Monica Wilson , R. Aaron Chastain , Britney M. Crawford
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Financial Services Dispute Quarterly Law Report - February 2024
    2024-03-11

    DLA Piper Hong Kong Financial Services Dispute Quarterly Law Report – February 2024 2 DLA PIPER HONG KONG FINANCIAL SERVICES DISPUTE QUARTERLY LAW REPORT – FEBRUARY 2024 Foreword Welcome to the second edition of the DLA Piper Hong Kong Financial Services Dispute Quarterly Law Report.

    Filed under:
    Hong Kong, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    Hong Kong, United Kingdom
    Firm:
    DLA Piper
    SVB Cayman Branch Denied Chapter 15 Recognition
    2024-03-08

    According to a February 22 ruling by the Bankruptcy Court for the Southern District of New York, foreign banks with a U.S. branch or agency are ineligible for Chapter 15 recognition.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Akerman LLP, Federal Deposit Insurance Corporation (USA), Silicon Valley Bank
    Authors:
    R. Adam Swick , Laura Taveras
    Location:
    USA
    Firm:
    Akerman LLP
    Navigating through the new additions to the Slovenian insolvency framework
    2024-03-13

    The long-awaited amendment "H" of the Slovenian Financial Operations, Insolvency Proceedings and Compulsory Dissolution Act (the "Act") entered into force on 1 November 2023. The new provisions complete the transposition of Directive 2019/1023,[1] introducing three crucial sets of changes to the Slovenian insolvency and restructuring legislation.

    Filed under:
    Slovenia, Insolvency & Restructuring, Litigation, Schoenherr, Insolvency
    Authors:
    Zana Zabnikar
    Location:
    Slovenia
    Firm:
    Schoenherr
    Extension of time to complete CIRP will commence from the date on which the Adjudicating Authority passed the order for such extension
    2024-03-13

    On February 21, 2024, the Hon’ble National Company Law Appellate Tribunal, Chennai (“NCLAT”) in the case of Kiran Martin Gulla RP of Vardharaja Foods Pvt. Ltd. held that when an extension to complete the corporate insolvency resolution process (“CIRP”) is granted by the Adjudicating Authority, then such period will be calculated form the date on which the Adjudicating Authority passes such an order.

    Brief Facts

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Debtor, Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Varghese Thomas , Fatema Kachwalla , Virgil Braganza
    Location:
    India
    Firm:
    JSA
    Wegbereiter der Sanierung - Verfahrenshilfen im StaRUG
    2024-03-13

    Ein Überblick über Inhalt und Anforderungen der planergänzenden Sanierungsinstrumente des StaRUG zum zielgerichteten Einsatz in der Praxis.

    Filed under:
    European Union, Germany, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Germany
    Authors:
    Dr. Alexandra Schluck-Amend , Manuel Nann
    Location:
    European Union, Germany
    Firm:
    CMS Germany

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