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    Australian Insolvency Regimes Rapidly Evolving
    2023-02-27

    The new year has seen a rapid pace being set in terms of anticipated and actual legislative, regulatory and common law changes across Australia’s restructuring and insolvency regimes. The federal government’s inquiry into restructuring and bankruptcy laws is ongoing against a backdrop of sustained monetary policy interventions.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Insolvency
    Authors:
    Masi Zaki
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    Can the Court Sanction a UK Restructuring Plan if the Company Does Not Consent to it?
    2023-02-22

    Following the sanctioning of the Good Box restructuring plan (RP) it seems the answer is yes. This might sound surprising to those familiar with schemes of arrangement, because that outcome is at odds with the long-standing decision in Re Savoy Hotels.

    For those less familiar with schemes and scheme case law, the court declined to sanction the Savoy scheme because the company did not approve it, consequently the judge found that the court had no jurisdiction to sanction it.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, HM Revenue and Customs (UK)
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Bankruptcy Court Dismisses Cannabis Company Employee’s Chapter 13 Case
    2023-02-17

    Last month, the United States Bankruptcy Court for the District of Massachusetts denied confirmation of a cannabis company employee’s Chapter 13 plan and dismissed his bankruptcy case. The employee, Scott H. Blumsack (the “Debtor”), is a general manager who is licensed in Massachusetts to work for Society Cannabis Co., a Massachusetts-licensed retailer, wholesaler, and producer of cannabis products.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Cannabis
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Potential Impact on the French Legal System of the Draft EU Directive to Harmonise Insolvency Laws
    2023-02-08

    On 7 December 2022, the European Commission unveiled a draft directive (2022/0408 (COD)) (the “Directive”) proposing to harmonise certain aspects of insolvency laws across the European Union[1].

    Filed under:
    European Union, France, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Insolvency, European Commission
    Location:
    European Union, France
    Firm:
    Squire Patton Boggs
    Bankruptcy Court Doors Swing Open For Cannabis Companies, But Just Slightly
    2023-01-31

    Are bankruptcy doors now opening for cannabis companies? A decision last week from a California bankruptcy court indicates perhaps so, at least for cannabis companies that are no longer operating.

    Factual Background

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Highland Capital Asks Supreme Court to Review Fifth Circuit Exculpation Excision Ruling
    2023-01-25

    Last November we wrote about the Fifth Circuit Court of Appeals’ decision in Highland Capital Management, L.P., where the court reversed the bankruptcy court’s approval of a plan’s exculpation clause for non-debtors and limited the universe of parties covered by that provision. Relying on Bank of New York Trust Co., NA v. Official Unsecured Creditors’ Comm.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Supreme Court of the United States
    Authors:
    Mark A. Salzberg , Norman N. Kinel , Michelle Saney
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy Court Allows Service of a Subpoena Via Twitter
    2023-01-17

    When a court-appointed trustee or liquidator is tasked with liquidating an entity, they need to gain possession of all of the entity’s assets. In crypto cases, this task can prove difficult when trying to identify and control all of the entity’s different digital assets and obtain cooperation from the entity’s former operators. Unfortunately, in the case of Three Arrows Capital (“3AC”), the two founders have refused to cooperate with recovery efforts and have absconded to unknown foreign countries.

    Filed under:
    British Virgin Islands, USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Hedge funds, Liquidation, Cryptocurrency, United States bankruptcy court
    Authors:
    Kyle F. Arendsen
    Location:
    British Virgin Islands, USA
    Firm:
    Squire Patton Boggs
    (UK) 2023: The Year of the Restructuring Plan?
    2023-01-09

    It is difficult to predict what 2023 might hold for businesses in the UK. Given the difficult economic environment, many will already be facing a challenging start to the year. Although the challenges of the pandemic (such as lock downs) have gone, others have materialised. Energy price hikes and inflation rises continue to make trading conditions tough.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Liquidation, HM Revenue and Customs (UK)
    Authors:
    Rachael Markham , Charlotte Møller
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Who Owns the Crypto, the Customer or the Debtor?
    2023-01-09

    Whose crytpo is it? With the multiple cryptocurrency companies that have recently filed for bankruptcy (FTX, Voyager Digital, BlockFi), and more likely on the way, that simple sounding question is taking on huge significance. Last week, the Bankruptcy Court for the Southern District of New York (Chief Judge Martin Glenn) attempted to answer that question in the Celsius Network LLC bankruptcy case.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Cryptocurrency, FTX
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Register of Overseas Entities From a Restructuring and Insolvency (R&I) Perspective
    2023-01-09

    This guide should not be relied on as a definitive guide to the legislation and should not be relied on as legal advice. The particular circumstances of any situation will need to be considered to determine if the overseas entity is one that is captured by the legislation, if the estate is a qualifying estate, and whether the beneficial owners need to be registered. As a result, this guide is intended only as a high-level overview.

    This guide covers the position of property and land situated in England and Wales only.

    What is the Register of Overseas Entities?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Anti-money laundering, Insolvency, Economic Crime (Transparency and Enforcement) Act 2022 (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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