Work Area: Asset recovery

Transatlantic restructuring trends: challenges and opportunities in 2023

Partners from McDermott Will & Emery in the UK and US examine how struggling companies fared in 2022 with reduced access to liquidity, and predict an increase in distressed M&A activity and out-of-court transactions as debtors look to deal with those liquidity issues in the year ahead.

17 January 2023

Former Celsius investment manager blocked from withdrawing funds

A New York judge has temporarily blocked a former partner of collapsed crypto network Celsius from using disputed funds taken from the company after learning he withdrew US$100,000 to pay his lawyers earlier this week, one day before the start of a hearing on an injunction motion against him.

12 January 2023

Mike Jervis 1962 - 2023

PwC partner Mike Jervis, one of the original Lehman Brothers administrators in the UK and special manager of the collapsed public services contractor Carillion, died on 4 January after a long illness.

10 January 2023

Singapore court grants prospective priority to creditor funding liquidator’s investigations

In what appears to be the first reported decision concerning section 204 of Singapore’s Insolvency, Restructuring and Dissolution Act, the Singapore High Court has ruled that courts have the power to confer an advantage on creditors who provide liquidators with funding and an indemnity to cover their investigations and asset recovery work.

05 January 2023

UK Supreme Court seals Candey fee priority dispute in Peak Hotels liquidation

London disputes boutique Candey has lost a years-long fight to recoup around £4 million in legal fees in priority to other creditors of an insolvent hotelier, after the UK Supreme Court found it waived an equitable lien when it entered into a new fee arrangement with the company pre-liquidation.

22 December 2022

UK Supreme Court rejects Stanford International’s Quincecare claim

Liquidators of Stanford International Bank have failed to convince the UK’s highest court they should be allowed to bring a damages claim against HSBC for paying out money to the company’s customers when it was allegedly on notice the payments were part of a fraud.

21 December 2022

US court approves 3AC communication protocol, subpoenas founders

The US court overseeing the Chapter 15 proceedings of crypto hedge fund Three Arrows Capital has approved a cooperation protocol with its Singaporean and British Virgin Islands counterparts, and ordered the fund’s founders to produce documents - as as a presentation from the fund’s liquidators in the US docket reveals actions in Canada and the Seychelles.

13 December 2022

Hellas bondholders allowed to bring New York fraud claims after decade-long pursuit

After 11 years of trying, an assignee of certain Hellas bondholders has finally been allowed to pursue claims against the group’s former private equity investors, who it claims forced the Greek telecoms company to “commit business suicide” by overleveraging itself to pay them billions in dividends.

28 October 2022

ABI, London: new UNCITRAL Model Laws and Gibbs, strange bedfellows

A panel presented by the International Insolvency Institute at the American Bankruptcy Institute's London conference took stock of what the UK’s potential adoption of two new UNCITRAL Model Laws could mean for cross-border insolvencies running through England, and for the controversial 19th century Gibbs rule that requires English law-governed debt to be restructured in the UK.

27 October 2022

INSOL International, London: Developing a rescue finance market

Lower costs of enforcement in the US, speedier, specialised courts in Europe with a “proper” cross-border recognition regime, and Asian regulators that understand distress: a panel of investors from around the world shared their wish lists for an ideal environment to encourage the development of a global rescue financing market fit for the future.

10 August 2022

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