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    Guidance from the High Court on the Test of ‘Ownership and Control’ in Relation to UK Sanctions
    2024-08-12

    A recent judgment in Kevin Hellard & Ors v OJSC Rossiysky Kredit Bank (in liquidation) & Ors [2024] EWHC 1783 (Ch) the High Court considers the ‘ownership and control’ test in Bankruptcy, involving trustee powers and Russian Bank creditors.

    Filed under:
    Russia, United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, Rahman Ravelli, Secured creditor, Sanctions, Office of Financial Sanctions Implementation (UK), Trustee, Banks
    Authors:
    Syedur Rahman
    Location:
    Russia, United Kingdom
    Firm:
    Rahman Ravelli
    Treatment of Secured Creditors during CIRP
    2024-02-12

    Introduction:

    Filed under:
    India, Insolvency & Restructuring, Litigation, Trilegal, Secured creditor, Insolvency and Bankruptcy Code (India), Supreme Court of India
    Authors:
    Siddharth Ranade , Nishi Bhankharia
    Location:
    India
    Firm:
    Trilegal
    Status Of Partially Secured Creditors Under Law On Bankruptcy 2014
    2024-02-04

    Under the Law on Bankruptcy 2014, creditors (chủ nợ) of a bankrupt enterprise include unsecured creditors, partially secured creditors (chủ nợ có bảo đảm một phần) and secured creditors (chủ nợcó bảo đảm). While it is not entirely clear, it appears that partially secured creditors are considered as a separate class of creditors and have their own rights during a bankruptcy proceeding.

    Under the Law on Bankruptcy 2014,

    Filed under:
    Vietnam, Insolvency & Restructuring, Litigation, Venture North Law, Bankruptcy, Secured creditor
    Authors:
    Tran Duc Long , Nguyen Quang Vu
    Location:
    Vietnam
    Firm:
    Venture North Law
    Lessons for lenders when taking security: Re UKCloud Ltd (in liquidation)
    2024-06-13

    In a recent judgment1, the High Court determined (contrary to the arguments of the affected secured creditor) that a debenture created a floating charge rather than a fixed charge over certain internet protocol (IP) addresses. Whilst elements of the decision are inevitably fact-specific, some broader lessons and reminders can be taken from the judgment which will be of general relevance to lenders when taking security.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Employee Retirement Income Security Act 1974 (USA), Liquidation, Secured creditor, Lender, Secured debt
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    England and Wales: overview of restructuring mechanisms and recent developments
    2024-04-11

    Matthew Czyzyk, Natalie Blanc, Natalie Raine and Emily Ma, Ropes & Gray

    This is an extract from the 2024 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

    Filed under:
    United Kingdom, England & Wales, Compliance Management, Insolvency & Restructuring, Litigation, Global Restructuring Review, Corporate governance, Secured creditor, Liquidator (law), Directors' duties, Company voluntary arrangement, Insolvency, HM Revenue and Customs (UK), Companies Act 2006 (UK), Insolvency Act 1986 (UK), Corporate Insolvency and Governance Act 2020, Directive on Preventive Restructuring Frameworks (2019/1023/EU), Insolvency Regulation (1346/2000) (EU)
    Location:
    United Kingdom
    Firm:
    Global Restructuring Review
    Reiterating the Procedural and Substantive Requirements for a Moratorium for Schemes of Arrangement
    2023-05-24

    Introduction

    The Insolvency, Restructuring and Dissolution Act 2018 (2020 Rev Ed) ("IRDA") allows companies intending to propose a scheme of arrangement to apply to court for a moratorium, during which proceedings against the company would be restrained so as to allow breathing room for its restructuring efforts. To balance this with the safeguarding of creditors' interests, there are certain requirements for an application for a moratorium.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Good faith, Moratorium, Secured creditor, Insolvency, Insolvency, Restructuring and Dissolution Act 2018 (Singapore), Singapore High Court
    Authors:
    Wilson Zhu , Walter Yeo , Timothy Ang
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    District Magistrate is not empowered to hear the borrower or third parties while deciding a Section 14 application filed by a secured creditor.
    2022-09-12

    On August 3, 2022, a division bench of the Hon’ble Bombay High Court (“High Court”) comprising of Justice K.R. Shriram, and Justice A.S. Doctor in the case of Phoenix ARC Pvt. Ltd. & Anr. v.

    Filed under:
    India, Insolvency & Restructuring, Litigation, JSA, Secured creditor, Bombay High Court, Supreme Court of India
    Authors:
    Varghese Thomas , Yohaann Limathwalla , Ahsan Allana
    Location:
    India
    Firm:
    JSA
    Disguising preferences within layered corporate group arrangements
    2022-06-22

    We consider the implications for office-holder claimants of the recent case ofKelmanson v Gallagher & De Weyer [2022] EWHC 395 (Ch).

    The case raises interesting points of practice for insolvency practitioners: a director consciously trying to evade or 'game' the statute won't work to prevent office holder recovery, but a sincerely held but mistaken belief on the director's part as to what was being done doing could.

    KEY POINTS:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP, Secured creditor, Insolvency Act 1986 (UK)
    Authors:
    Seán McGuinness
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Inter-Se Priority Among Secured Creditors in Liquidation - A Judicial Dichotomy
    2022-06-22

    The Insolvency and Bankruptcy Code, 2016 (“IBC”/”Code”) came into force on 28th May, 2016 with the primary objective of consolidating and amending the laws of reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner to maximise the value of their assets. The Code has been evolving over the last six years, with changing scenarios and adapting to practical circumstances along the way. As a result, the Code has undergone amendments from time to time.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Fox Mandal, Liquidation, Secured creditor, National Company Law Tribunal
    Authors:
    Orijit Chatterjee
    Location:
    India
    Firm:
    Fox Mandal
    How $1.8 m of letting income was distributed by the receiver of a serviced apartment manager
    2021-10-31

    Ruby Apartments held the management rights to 242 serviced apartments in Ruby One Tower, Surfers Paradise, when Receivers were appointed on 1 August 2019.The Receivers were appointed by a secured creditor one day after Ruby Apartments had appointed an administrator. Ruby Apartments was part of the Ralan Group.

    The Receivers carried on the business of apartment manager until 30 September 2019, when they sold the business as a going concern to a third party purchaser.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Leisure & Tourism, Litigation, Real Estate, Cordato Partners, Secured creditor, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners

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