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    Provable debt not proved before annulment of bankruptcy
    2013-08-29

    In the recent case of Lau Siu Hung v. Krzystof Marszalek (HCCW 484/2009, 17 June 2013) the Court of First Instance held that an annulment of bankruptcy does not debar a creditor, who has not proved his provable debt, from asserting his claim after the annulment.

    Procedural Background

    Filed under:
    Hong Kong, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debt
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong, United Kingdom
    Firm:
    Mayer Brown
    Litigation funding for liquidators in Hong Kong: exemption applied with a PRC twist
    2012-07-30

    Summary

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Richard M. Tollan , Justine T. K. Lau , Thomas A. Pugh
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    New insolvency culture in Germany? The Act for the Further Facilitation of the Restructuring of Companies (ESUG) provides for significant changes to German insolvency law
    2012-02-07

    On December 13, 2011, the Act for the Further Facilitation of the Restructuring of Companies (ESUG), whose material provisions will come into force on March 1, 2012, was announced in the Federal Gazette. The ESUG bundles several reformatory efforts with regard to German insolvency law and will likely have significant effects on the daily practice. Generally, the restructuring of companies in financial crisis will be made easier. The creditors’ influence on the proceedings, including the selection of the person of the insolvency administrator, is increased.

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Debtor
    Authors:
    Dr. Marco Wilhelm , Kevin Philipp Lach , Dr. Nicolas Rößler, LL.M.
    Location:
    Germany
    Firm:
    Mayer Brown
    Government seeks expansion of the coverage of the protection of wages on insolvency fund
    2011-07-04

    The Fund provides monetary relief to employees when their employers become insolvent. Currently, employees of insolvent employers may apply to the Fund for ex-gratia payment of sums owed to them by their employers under the heads of wages, wages in lieu of notice and severance payment.

    Filed under:
    Hong Kong, Employment & Labor, Insolvency & Restructuring, Mayer Brown, Wage, Annual leave, Severance package, Constitutional amendment
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Regulated apportionment arrangements
    2010-10-11

    Summary. The Pensions Regulator (the Regulator) has issued a statement on regulated apportionment arrangements (RAA) and employer insolvency (the statement).

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Mayer Brown, Share (finance), Debt, Due diligence, Buyout, Pension Protection Fund, Pensions Act 1995 (UK), The Pensions Regulator, Trustee
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    The effect of German insolvency proceedings on international arbitration
    2010-07-20

    The impact of insolvency proceedings on arbitral proceedings is becoming an increasingly important consideration for parties. Two scenarios can be generally envisioned: (i) a company files for insolvency while it is engaged in arbitral proceedings; or (ii) arbitral proceedings are initiated after insolvency proceedings have commenced. In both scenarios, the parties need to assess how the insolvency proceeding affects the arbitral proceedings. This article assesses the impact of insolvency proceedings initiated in Germany on foreign arbitral proceedings.

    Filed under:
    Germany, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Debtor, Arbitration clause, Consideration, Arbitration award, Due process, In rem jurisdiction, European Commission, Arbitral tribunal
    Authors:
    Dr. Jan Kraayvanger
    Location:
    Germany
    Firm:
    Mayer Brown
    New York Bankruptcy Court holds remote special purpose subsidiaries eligible as debtors, denies dismissal of SPE Chapter 11 filings by General Growth Properties
    2009-08-31

    On August 11, 2009, the US Bankruptcy Court for the Southern District of New York denied five motions to dismiss bankruptcy cases filed by certain bankruptcy remote, special purpose subsidiaries (SPEs) of General Growth Properties, Inc. (GGP). The motions were filed by or on behalf of secured lenders to the SPEs (Movants) who argued that the bankruptcy filings were inconsistent with the bankruptcy remote structures that they had negotiated with GGP.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Public company, Bankruptcy, Shareholder, Debtor, Real estate investment trust, Good faith, Bad faith, Refinancing, Subsidiary, Title 11 of the US Code, Delaware General Corporation Law, United States bankruptcy court
    Authors:
    Richard G. Ziegler
    Location:
    USA
    Firm:
    Mayer Brown
    Opinion of Interest - In re Wolfson: A Potential Re-Evaluation of the “Undue Hardship” Test for Student Loan Borrowers
    2022-03-02

    In its January 14, 2022 decision in In re Wolfson, the United States Bankruptcy Court for the District of Delaware discharged Chapter 7 debtor Ryan K.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, United States bankruptcy court
    Authors:
    Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Winding up petitions: a return to the old normal? Except for landlords
    2021-09-29

    The new month sees a partial re-instatement of the legislation permitting creditors to serve winding up petitions on companies. However, the UK Government has adopted a softly, softly approach; this is seen from the temporary increase in the amount that must be owed from the modest £750 to £10,000 and the requirement for creditors to seek proposals for payment from a debtor business, giving them 21 days for a response, before they can proceed with winding up action. The measures are said to protect small businesses as they seek to rebuild their stability.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Mayer Brown, Coronavirus
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Too Little Too Late? After Much Debate, SBA Allows Debtors to Access PPP Loans - But Only on a Limited Basis
    2021-05-03

    After more than one year since the Paycheck Protection Program, or PPP, was established pursuant to the US Cares Act in March 2020, the Small Business Administration (“SBA”) has recently reversed its policy that prohibited companies in bankruptcy from applying for PPP funding due to their status as debtors in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Paycheck Protection Program, CARES Act 2020 (USA), Small Business Administration (USA)
    Location:
    USA
    Firm:
    Mayer Brown

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