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    Distressed Hong Kong Airlines gets a second chance as Hong Kong and English courts approve USD6.2 billion restructuring
    2023-01-11

    On 9 December 2022, in the first restructuring to be implemented by way of a parallel and overlapping Hong Kong scheme and English restructuring plan, the English High Court approved a restructuring plan proposed by Hong Kong Airlines Limited (Hong Kong Airlines). The High Court of Hong Kong followed suit on 14 December 2022 and approved a scheme of arrangement on broadly the same terms.

    The approved restructuring has saved Hong Kong Airlines from imminent liquidation and aims to secure its continued existence as a going concern.

    Background

    Filed under:
    Hong Kong, Aviation, Insolvency & Restructuring, Litigation, Taylor Wessing, Coronavirus
    Authors:
    Mark Chan
    Location:
    Hong Kong
    Firm:
    Taylor Wessing
    Key takeaways on Poland's new electronic insolvency procedure one year on
    2023-01-11

    It has been just over a year since the introduction of Poland's new electronic insolvency procedure. The new procedure, introduced on 1 December 2021, is generally conducted via an online platform, the National Debtors’ Register, and has brought about a revolutionary change to Polish insolvency procedure.

    Positive developments

    • Faster access to the court - Documents filed on the online platform are instantly disclosed to the judge and to the other parties involved. The court’s decisions are also delivered quickly to the parties.

    Filed under:
    Poland, Insolvency & Restructuring, Internet & Social Media, Litigation, Taylor Wessing, Insolvency
    Authors:
    Ewelina Stobiecka , Sebastian Morgała
    Location:
    Poland
    Firm:
    Taylor Wessing
    English Court decision provides helpful clarity to insolvency practitioners appointed over energy companies, as well as their creditors
    2023-01-11

    On 11 November 2022, the English High Court handed down judgment in relation to a number of applications made by the insolvency officeholders of 10 UK energy suppliers, seeking clarification on issues arising in the insolvencies which had not previously been considered by the courts.

    Background

    The officeholders sought directions from the court on the following:

    • whether the claims in the insolvencies by UK energy regulator, Ofgem relating to outstanding renewables obligation payments (ROPs) were valid, and

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency
    Authors:
    Kirsten Fulton-Fleming
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    German court ruling is bad news for shareholders of insolvent payment services provider Wirecard
    2023-01-11

    On 23 November 2022, the Regional Court of Munich ruled that shareholders' damages claims for breach of capital markets law rank as equity and not as general unsecured claims in the Wirecard insolvency. As a result, the shareholders can only recover from the insolvent estate in the unlikely event that all insolvency creditors' claims are fully satisfied.

    The decision

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency
    Authors:
    Jonas Gröning
    Location:
    Germany
    Firm:
    Taylor Wessing
    Proposed EU Directive to harmonise certain aspects of insolvency law across Member States
    2023-01-11

    On 7 December 2022, the European Commission published its proposal for a directive harmonising certain aspects of insolvency law (the Insolvency Directive).

    Aims

    The Insolvency Directive seeks to offer more certainty and create a common minimum standard of insolvency regimes across Member States, encouraging more effective cross-border investment.

    It aims to harmonise three key areas of EU insolvency law:

    • the recovery of assets

    • the efficiency of proceedings, and

    Filed under:
    European Union, Insolvency & Restructuring, Taylor Wessing, Insolvency, European Commission
    Authors:
    Louise Jennings , Callum Chamberlain
    Location:
    European Union
    Firm:
    Taylor Wessing
    Fraud fundamentals: civil fraud trends and predictions
    2022-12-22

    In times of economic uncertainty, fraud typically increases. And these are certainly economically uncertain times. Fraud has been on the rise over recent years and that trend is set to continue. The motivation and opportunity to commit fraud increases as financial pressures loom over individuals and businesses. We are also set to see a continued increase in insolvencies as the impact of the pandemic and other global events set in. The appointment of insolvency practitioners means frauds which might have otherwise continued or remained concealed are more likely to be uncovered.

    Filed under:
    United Kingdom, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Taylor Wessing, Supply chain, ESG, Anti-bribery and corruption, Financial Conduct Authority (UK), National Crime Agency (UK)
    Authors:
    Lorna Bramich , Emma Allen
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Einarbeitung der Aufsichtsratsmitglieder, auch in Vorgänge vor Beginn ihrer Amtszeit
    2022-12-13

    Zugleich: Besprechung des Urteils des OLG Hamm vom 6. April 2022, 8 U 73/12

    In seinem Urteil vom 6. April 2022 hat das OLG Hamm darauf erkannt, dass sechs frühere Aufsichtsratsmitglieder der 2009 insolventen Arcandor AG, ehemals Holding des Karstadt-Konzerns, der Insolvenzmasse der Arcandor AG auf rund 53,6 Mio. Euro Schadenersatz haften.

    Urteilstatbestand

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Taylor Wessing
    Authors:
    Nikolaus Plagemann
    Location:
    Germany
    Firm:
    Taylor Wessing
    Fraud fundamentals: the benefits of an insolvency process in uncovering and investigating fraud
    2022-12-07

    While an insolvency process is not always welcomed with open arms, in fraud cases it can play a key role in uncovering frauds that might otherwise have remained concealed and may result in recoveries for victims. This is because an insolvency process paves the way for an independent investigation into the company's affairs and the directors' conduct to be carried out by an insolvency practitioner (IP).

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, White Collar Crime, Taylor Wessing, Insolvency
    Authors:
    Lorna Bramich , Emilie Kennedy
    Location:
    European Union, United Kingdom
    Firm:
    Taylor Wessing
    Dutch directors' liability for bankruptcy deficit only reduced on specified grounds
    2022-12-08

    Background

    Under Dutch law, the directors of a (private) company can be held personally liable by the trustee for the bankruptcy deficit. Liability can arise when the directors have manifestly performed their management duties improperly and if it is reasonable to assume that bankruptcy was declared as a result. Section 2:248(4) of the Dutch Civil Code (DCC) contains a list of grounds for reducing the amount of the directors’ liability.

    Decision

    Filed under:
    Netherlands, Company & Commercial, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Ralf van der Pas
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    English Court considers whether a transfer of shares is good consideration to a validate a charge
    2022-12-08

    Re Bitumina Industries Ltd (in administration); Manning and another v Neste AB and another [2022].

    This was an application by joint administrators for directions on the validity of a floating charge granted to a connected party at a 'relevant time' and seemingly invalid under s245 of the Insolvency Act 1986 (the Act).

    Background

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Taylor Wessing, Insolvency
    Authors:
    Callum Chamberlain , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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