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Insolvency
Australia
Holman Webb
Section 440J of the Corporations Act does not prohibit the lodgement of a caveat during administration.
KordaMentha
Link to article discussing innovative solvent restructure of business that prevented them going insolvent.
Cathro & Partners
Bankruptcy is often seen as a significant step to address insolvency, but it is not the only option available.
Corrs Chambers Westgarth
Factors to be considered in appointing a liquidator where an alternative proposed liquidator is nominated.
ClarkeKann Lawyers
The decision in Cooper affirms that interest should be allowed from the date of the liquidator's demand.
ClarkeKann Lawyers
Voidable transactions undermine the equitable distribution of assets in the administration of an insolvent company.
Cathro & Partners
Link to video that aims to shed light on the intricacies of insolvency law & the roles of those who navigate this field.
FTI Consulting
Restructuring & Insolvency Comparative Guide for the jurisdiction of Australia, check out our comparative guides section to compare across multiple countries
British Virgin Islands
Conyers
Russell Crumpler & Christopher Farmer (as Joint Liquidators of Three Arrows Capital Ltd (in Liquidation)) v Three Arrows Capital Ltd (in Liquidation) and BVIHC (Com) 2022/0119 (unreported 26 July 2023)...
Collas Crill
In light of the privacy afforded to companies incorporated in the British Virgin Islands (the BVI), it is no surprise that the BVI Court regularly considers applications seeking disclosure...
Appleby
In the recent decision of China Minsheng Banking Corp., Ltd., Hong Kong Branch v Tai Feng Investments Limited, the BVI Commercial Court...
Ogier
Our analysis of a recent court judgment in the ongoing liquidation of the high profile crypto-asset hedge fund Three Arrows Capital is by Nicholas Brookes and Romauld Johnson...
Harneys
In a significant ruling, His Honour Justice Johns KC determined that when calculating equitable compensation, proprietary claims and recoveries made from third parties should be taken into account.
Harneys
We have created this guide to cover frequently asked questions on how to deal with insolvent British Virgin Islands companies.
Canada
Davies Ward Phillips & Vineberg
As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity.
MLT Aikins LLP
The British Columbia Supreme Court ("Court") was recently asked to address a gap in the Bankruptcy and Insolvency Act ("BIA")...
McCarthy Tétrault LLP
The current backlog in the Toronto Civil List – where even short motions are being scheduled more than a year out ...
MLT Aikins LLP
The MLT Aikins insolvency and restructuring practice group carried out assignments in 2023 as counsel to debtor companies, lenders and court officers administering insolvency proceedings. Notable highlights are as follows.
Cayman Islands
Walkers
The Grand Court of the Cayman Islands recently confirmed expressly for the first time that it has jurisdiction to wind up a segregated portfolio company ("SPC")...
Harneys
Insolvency law in the Cayman Islands is principally regulated by the Companies Act and the Companies Winding Up Rules, and they are supplemented by a wide body of case law.
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