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    Understanding the Trends: A Review of Insolvency Litigation in Hong Kong in 2023
    2024-01-11

    Insolvency litigation witnessed intriguing developments across multiple aspects in Hong Kong in 2023, ranging from the court’s updated Practice Direction on Bankruptcy and Winding-Up Proceedings to on-going debate surrounding the interplay between insolvency proceedings and arbitration clauses. In this Legal Update, we examine major developments that unfolded. The key takeaways are: 1.

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Mayer Brown, Liquidation, Cryptocurrency
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    The Right of Set-off in Insolvency Proceedings
    2023-12-15

    December 2023

    The Right of Set-off in Insolvency Proceedings

    MAYER BROWN | THE RIGHT OF SET-OFF IN INSOLVENCY PROCEEDINGS

    Filed under:
    Germany, United Kingdom, Insolvency & Restructuring, Mayer Brown, Insolvency, Federal Court of Justice
    Location:
    Germany, United Kingdom
    Firm:
    Mayer Brown
    The Prezzo restructuring plan Court exercises discretion to cram down HMRC debt; confirms no requirement for company to provide consideration to "out of the money" plan creditors
    2023-07-19

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Companies Act 2006 (UK), HM Revenue and Customs (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    The Adler restructuring plan: competing valuation evidence; the pari passu principle; and retention of equity
    2023-07-10

    The Court1 exercised its discretion to sanction a restructuring plan proposed by AGPS BondCo PLC (the Company) (part of the Adler real estate group) to amend indebtedness arising under six series of senior unsecured notes governed by German law, which matured on different dates through to 2029.

    Filed under:
    Germany, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Alexandra Wood , Devi Shah
    Location:
    Germany, United Kingdom
    Firm:
    Mayer Brown
    The Prezzo restructuring plan Court exercises discretion to cram down HMRC debt; confirms no requirement for company to provide consideration to "out of the money" plan creditors
    2023-07-19

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Companies Act 2006 (UK), HM Revenue and Customs (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    The Adler restructuring plan: competing valuation evidence; the pari passu principle; and retention of equity
    2023-07-10

    The Court1 exercised its discretion to sanction a restructuring plan proposed by AGPS BondCo PLC (the Company) (part of the Adler real estate group) to amend indebtedness arising under six series of senior unsecured notes governed by German law, which matured on different dates through to 2029.

    Filed under:
    Germany, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Alexandra Wood , Devi Shah
    Location:
    Germany, United Kingdom
    Firm:
    Mayer Brown
    Transactions defrauding creditors: the use of corporate structures to defeat creditor claims
    2023-09-07

    Judgment creditors should be aware that the English Court of Appeal has given guidance on the proper construction of s423 Insolvency Act 1986 (transactions defrauding creditors)1.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Michael Fiddy , Stephen Moi , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Global Notes and Trustee Structures - Can a Beneficial Holder Petition to Wind Up an Issuer?
    2023-08-24

    The vast majority of corporate debt issuances are made pursuant to a trustee structure. This approach affords investors the advantage of uniformity of treatment and facilitates collective action, as opposed to the alternative 'fiscal agency' or direct issuance structure. But what happens when an individual investor in a global note structure seeks to take direct enforcement action against an issuer?

    Executive Summary

    Filed under:
    Global, Hong Kong, Capital Markets, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    John M. Marsden
    Location:
    Global, Hong Kong
    Firm:
    Mayer Brown
    The Prezzo restructuring plan Court exercises discretion to cram down HMRC debt; confirms no requirement for company to provide consideration to "out of the money" plan creditors
    2023-07-19

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Companies Act 2006 (UK), HM Revenue and Customs (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    The Adler restructuring plan: competing valuation evidence; the pari passu principle; and retention of equity
    2023-07-10

    The Court1 exercised its discretion to sanction a restructuring plan proposed by AGPS BondCo PLC (the Company) (part of the Adler real estate group) to amend indebtedness arising under six series of senior unsecured notes governed by German law, which matured on different dates through to 2029.

    Filed under:
    Germany, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Alexandra Wood , Devi Shah
    Location:
    Germany, United Kingdom
    Firm:
    Mayer Brown

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