Expert Guides - Restructuring and Insolvency

Bankruptcy does not assist in limitation period expiry in Ontario Re: Ridel v. Goldberg, 2019 Onca 636

In a recent Ontario Court of Appeal decision, Justice van Rensburg held that the limitation period for the discoverability of a claim does not restart upon an assignment in bankruptcy being filed by a corporation where the claim is a claim of the corporation

27/08/2019 Steven Weisz, Weisz Fell Kour, Canada Daria Mukhina, Brauti Thorning, Canada

Transferring Assets in a Receivership in Canada? Is it Vested or Not?

In insolvency proceedings, when a debtor company becomes insolvent, its creditors will often look to sell the debtor company’s assets and use the proceeds of the sale to satisfy the outstanding debt

01/10/2018 Steven Weisz, Weisz Fell Kour, Canada Caitlin Fell, Brauti Thorning, Canada Alex Don, Brauti Thorning, Canada

Must a Foreign Debtor Have Property in the United States To Be Eligible for Chapter 15? It Depends

Chapter 15 of the United States Bankruptcy Code (the “Code”) is the exclusive remedy for a foreign debtor seeking recognition of foreign insolvency proceedings in US courts

20/09/2017 Evan D Flaschen, Bracewell, US Shannon B Wolf, Bracewell, US

A time of change across the Australian insolvency landscape

Australian insolvency laws are currently in a state of flux as the Federal Government prepares to implement the most wide-reaching reform agenda in two decades

17/10/2016 Orla McCoy, Clayton Utz, Australia

The Momentive Decision: Payment of Non-Consenting Chapter 11 Secured Claims Over Time

Introduction

Chapter 11 of the United States Bankruptcy Code permits a debtor to "cram down" a chapter 11 plan on a secured creditor who votes against the plan, as long as the creditor receives the "present value" of its claim over time.¹ Traditional thinking assumed the "present value" requirement...

31/08/2015 Evan D Flaschen, Bracewell, US David L Lawton, Bracewell, US

Hong Kong Insolvency Law – in need of its own restructuring?

The purpose of this short note is not to conduct a detailed critique of the law in Hong Kong in this very broad and complex area but to provide a brief sketch as to certain of the challenges faced by industry professionals and what steps are, hopefully, being taken to improve the situation.

Important...

31/08/2015 Robin Darton, Tanner De Witt, Hong Kong

Canadian insolvency statute continues to provide fertile ground for third party settlements

Settlements made in conjunction with a restructuring plan ("Plan") under the Companies' Creditors Arrangement Act ("CCAA") enjoy the possible availability of a unique advantage. If the court can be convinced that a particular settlement is fair and reasonable, provides substantial benefits to the...

31/08/2015 Derrick Tay, Gowling WLG, Canada

US insolvency law developments leave much to be resolved in the year to come

Peter A Ivanick Hogan Lovells New York

From the US Supreme Court to the Treasury Department to insolvency forums, including state courts in insurance insolvency cases, 2013–2014 developments were significant.

The US Treasury Department, through the Financial Stability Oversight Council, designated a...

01/09/2013 Peter A Ivanick, Hogan Lovells, US

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