Work Area: Loans and secured financing
Health sensor SPAC files dual US-Cayman restructuring
A company that develops sensors used in smart watches has filed the second known application for restructuring officers in the Cayman Islands and entered a pre-packaged Chapter 11 in New York to equitise two sets of notes.
27 January 2023
Australian court recognises businessman’s Singaporean bankruptcy
The Singaporean trustees of a bankrupt Australian businessman have secured recognition of their appointments in Australia so they can investigate his assets after he failed to file a statement of affairs in compliance with Singapore’s insolvency laws.
25 January 2023
Petropavlovsk schemes sanctioned as Citibank deadline looms
The administrators of London-listed Russian gold miner Petropavlovsk have secured relief from an English court in a race to distribute the proceeds of the group’s sale to a Russian mining conglomerate before its Citibank accounts are closed.
24 January 2023
Care home group’s shareholders blocked from participating in Part 26A sanction hearings
Shareholders of a British care home group may not participate in the sanction hearings for seven restructuring plans it is pursuing because the plans neither affect their rights nor the economic value of those rights, an English judge has ruled.
23 January 2023
Court clears Credit Suisse to bring Greensill-related claim against SoftBank
Credit Suisse has convinced an English judge to let it bring a claim against Japan’s SoftBank over its restructuring of a former Greensill client, which the Swiss bank alleges deprived it of receivables and left it holding unsecured notes for which a default was inevitable.
07 December 2022
Colorado Ch15 planned as construction group files in Canada
A US subsidiary of Calgary-based construction company Nilex has been dragged into Canadian bankruptcy proceedings by its parent to sell its US assets, with the group revealing plans to seek Chapter 15 recognition of the sale in Colorado.
30 November 2022
Irish lessors lose latest round in fight to overturn Garuda’s restructuring plan
Two Irish lessors fighting the US$9.5 billion restructuring of Indonesia’s national airline have failed to wind up the company in Australia after a judge in Sydney found it is "immune" from the jurisdiction of the Australian courts.
28 November 2022
English court gives “helpful” guidance on valuation and good faith in the appropriation context
The English High Court has considered the requirement for conducting a valuation “in a commercially reasonable manner” when exercising the self-help enforcement remedy of appropriation for what lawyers say is the first time, in a decision that could provide future guidance for Part 26A restructuring plan valuations too.
23 November 2022
Effective cross-border restructuring in a modern commercial world: time for an alternative to the rule in Gibbs?
It may be time for an alternative to the rule in Gibbs, says Scott Atkins, president of INSOL International and Australian chair at Norton Rose Fulbright, as he examines recent jurisprudence on the 130-year-old rule from around the common law world, and the potential impact – or lack thereof – that the UK’s contemplated implementation of the UNCITRAL Model Law on the Recognition and Enforcement of Insolvency-Related Judgments will have on its operation.
18 November 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