By Jenni Jenkins and George Jackson, Memery Crystal LLP
In 2006, Great Britain gave effect to the Cross-Border Insolvency Regulations (CBIR) (which enacts the UNCITRAL Model Law and is the equivalent of US Chapter 15), which provides a framework for English courts to recognise crossborder insolvency proceedings.
By Dr Claudio Ceradini, SLT Strategy Legal Tax
Something new is on the horizon from the European Commission concerning restructuring plans. One of the most interesting pieces of news, but not the only one, from EU Directive 2019/1023 published in the Offcial Journal of the European Union on 26 June 2019, is that absolute priority rule does not seem to be an unbreakable taboo any longer.
By Byron Moldo, Ervin Cohen & Jessup LLP
The administration of a receivership or bankruptcy case in the US may include one or more entities. While there may only be one company that is the subject of the case at the inception, a body of law has developed which permits courts, in appropriate circumstances, to include other entities in the case administration for the benefit of creditors. The balance of this article summarises the concept of substantive consolidation, its application, and the authority.
By Leslie A. Berkoff, Moritt Hock & Hamroff LLP
On 29 January 2019, Judge Martin Glenn, of the Southern District of New York (SDNY) Bankruptcy Court, in the case of ENNIA Caribe Holding, NY, issued a decision regarding a case pending in Curaçao involving the largest insurance company in Curaçao and St. Maarten. The underlying case was originally filed in 2018 by the Central Bank of Curaçao and St. Marten in Curaçao.
By Željko Vlačić, SAJIC
Bosnia & Herzegovina is a state composed of two entities, the Republic of Srpska and the Federation of Bosnia & Herzegovina, each of which has its executive, judicial and legislative power, i.e. separate legislation and laws that are not timely synchronised in both entities, although in 95% of cases those laws provide the same legal solutions.
By Adityar Kumar, Ashwani & Associates
The right of foreign creditors to participate in the winding up of Indian companies is well recognised by the Indian Judiciary. As early as 1961, the Supreme Court of India, in Rajah of Vizianagaram (AIR 1962 SC 500), clarified that foreign creditors have the same right as Indian creditors in winding up proceedings under Indian law. However, considering the immense litigation already pending in courts, it would take almost four to five years for creditors (both domestic and foreign) to be able to recover anything from the company.
By Carrie Kennedy, Devry Smith Frank LLP
Your judgment debtor has moved to Canada and has assets there. How do you enforce your monetary judgment against them?
By Stuart A. Laven, Jr. and Yao Liu, Cavitch Familo & Durkin LPA
The continuing upward trend in US bankruptcy filings by ‘brick and mortar’ retailers has significantly impacted non-US suppliers, especially those in China and other apparel/textile manufacturing centres in Southeast Asia.
By Dr Attila Kovács, Kovács Réti Szegheõ Attorneys at Law
According to the modification of the Liquidation Act that comes into effect on 1 July, it will no longer be possible to initiate a direct condemnation procedure against the managers. As a first step, the creditor or the liquidator (in the name of the debtor company) has to ask the court to establish the liability of the managers. Bringing action for condemnation is only possible in the possession of a judgement stating the liability.
By Mario Kapp and Raffaela Lödl, KAPP & PARTNER Rechtsanwälte GmbH
On 22 November 2016, the European Commission announced as part of its single market strategy a proposal for a new directive whose main aim is to focus on effective preventive restructuring frameworks across Europe.(1) It is furthermore intended that honest entrepreneurs get a second chance and beyond to make insolvency proceedings more efficient.