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1
Debtor In Possession Financing In Asia - Considerations For Financial Institutions
At first blush, it may seem counterintuitive for financiers to compete to provide loans to debtor companies that have just filed for protection under an insolvency or restructuring procedure, but they have been proven to do so on a large scale in US Chapter 11 cases and for a variety of reasons, ...
Singapore
4 Sep 2018
2
CW Advanced Technologies Limited – Recognition Issues Considered
In the recent case Re CW Advanced Technologies Limited,1 the Hong Kong court took the opportunity, albeit only obiter dicta, to raise and briefly comment ...
Hong Kong
24 Aug 2018
3
Bypassing Legend
In a first in Hong Kong, the Companies Court has recently sanctioned a creditors' scheme of arrangement proposed by a Bermuda-incorporated...
Hong Kong
9 Nov 2017
4
Why A Hanjin Fleet Came To Hong Kong
The demise of Korea's Hanjin Shipping Co. Ltd. was the largest bankruptcy of a container line in history, and earlier this year it resulted in the biggest ever court sale of ships in Hong Kong...
Hong Kong
7 Sep 2017
5
Hong Kong Insolvency Law Update: A Happy Sequel To The Legendary Legend Authority
Experienced insolvency practitioners in Hong Kong are all familiar with Hong Kong Court of Appeal's decision of 1 March 2006 in the liquidation of Legend International Resorts Limited.
Hong Kong
21 Mar 2017
6
Standard Form Order For Production Of Documents To Foreign Liquidator
The Honourable Mr Justice Harris, the incumbent Companies Judge, has continued the recent development of cross-border assistance in insolvency matters.
Hong Kong
20 Sep 2016
7
P&I Priority Over A Ship Mortgage: Meet The New Crew Claimants
Amendments to the Maritime Labour Convention designed to address crew abandonment will shortly come into force.
Hong Kong
9 Sep 2016
8
Recognition Of Liquidator Not Appointed In Place Of Incorporation
A key factor contributing to the vitality and development of the common law is that judges can have the benefit of authorities from other jurisdictions with a comparable legal framework.
Hong Kong
19 Aug 2016
9
Innovative Cut-Off Scheme Accelerates Lehman Liquidation
Did you know that a scheme of arrangement can be used to reduce the creditor constituency in a liquidation, so that time and costs can be saved for the benefit of all parties?
Hong Kong
18 Jul 2016
10
New Bankruptcy Court-Supervised Business Rehabilitation Scheme For SMEs Introduced
Thailand's amended Bankruptcy Act (No. 9) B.E. 2559 (2016) (the "Amendment") was published in the Royal Thai Government Gazette on 24 May 2016 and came into force on 25 May 2016.
Worldwide
11 Jul 2016
11
Cross-Border Insolvency: Guidance From The Companies Judge
The last two years have seen a number of foreign incorporated companies generating court decisions in Hong Kong that provide timely and important guidance in windings-up with cross-border issues.
Hong Kong
8 Feb 2016
12
Liquidators, Do Not Brush Aside Personal Liability For Costs At Super Speed
Did you know that when a liquidator makes a court application, it is important to identify the appropriate applicant, not only as a procedural matter, but also from a costs perspective?
Hong Kong
22 Jan 2016
13
Yung Kee – The Final Word
On 11 November 2015, the Court of Final Appeal ("CFA") delivered its judgment in the high-profile Yung Kee case.
Hong Kong
2 Dec 2015
14
What Is In A Name? Provisional Liquidators, Liquidators & Ad Valorem Fees
We have previously reported that the Official Receiver retains its entitlement to ad valorem fees on the conversion of a compulsory liquidation to a creditors' voluntary winding-up (CVL).
Hong Kong
19 Mar 2015
15
Permission To Serve Winding-Up Petitions Out Of Jurisdiction On Unregistered Foreign Companies: Principles Clarified
Under Hong Kong law, the courts’ jurisdiction is ordinarily territorial in nature. A plaintiff or applicant has to obtain permission of the court before it can validly serve a writ or other document initiating a legal action on a defendant or respondent located outside Hong Kong.
Hong Kong
25 Nov 2014
16
Local Concerns Outweigh Offshore Creditors’ Interests In Chinese Restructurings
Bankruptcies and reorganizations are viewed in the People’s Republic of China as very much a practical issue.
China
30 Sep 2014
17
Hong Kong Court Recognises Foreign Liquidators
Did you know that a liquidator of a foreign company may seek the assistance of the Hong Kong Court to obtain orders for the production of information.
Hong Kong
7 Aug 2014
18
Reducing And Expunging Proofs Of Debt And Dealing With Dividend Overpayments
On a recent Mayer Brown JSM application (on behalf of the Liquidators of one of the Lehman Brothers entities) to reduce and expunge proofs of debt, the Hong Kong High Court has ruled that creditors who receive an overpayment of dividends due in respect of a proof of debt which has been "improperly admitted" (rule 96, Companies Winding-Up Rules) must give credit for those overpayments before receiving further dividends in the liquidation (Re Lehman Brothers Commercial Corp Asia Ltd ("LBCCA") [20
Hong Kong
9 Jun 2014
19
To Disclose Or Not To Disclose: Bankruptcy & Substituted Service, Petitioning Creditors Beware
Following our previous legal update on substituted service of a statutory demand against an individual, the Court of Appeal’s recent decision in "FWD Life Insurance Co (Bermuda) Ltd v. Chan Kim Fai" sheds light on the requirement of Rule 59 of the Bankruptcy Rules for substituted service of a bankruptcy petition.
Hong Kong
9 Jun 2014
20
Third Party Rights Against Insurers And The Bridgecorp Decision – Do Hong Kong Insurers Need To Be Concerned?
The Third Party (Rights Against Insurers) Ordinance Cap 273 (TPRAI) in Hong Kong allows third parties to claim against the wrongdoer’s liability insurer in the event of insolvency.
Hong Kong
14 Mar 2014
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