In the recent UK case of Wright and others v HMV Ecommerce Limited and another [2019] EWCH 903, the Court considered whether an electronic filing (e-filing) of a notice of appointment of administrators by directors outside the court’s opening
Restructuring Matters
Restructuring Matters, published by Crowell & Moring LLP, focuses on legal issues related to corporate restructuring, bankruptcy, and insolvency. The blog covers topics such as personal guarantees in lending, regulatory changes affecting insolvency practitioners, significant bankruptcy cases and rulings, liability management exercises, and enforcement of laws impacting distressed companies. It also addresses sector-specific challenges, including retail bankruptcies and supply chain issues, as well as cross-border insolvency matters like Chapter 15 eligibility. The content provides updates on legal developments, court decisions, and regulatory frameworks that influence restructuring strategies and creditor protections.
Latest from Restructuring Matters - Page 6
Call for Views on the Quality and Effectiveness of Audit
On 10 April 2019, the government launched an Independent Review into the Quality and Effectiveness of Audit. This comes at a time when the Business Select Committee has called for the Big 4 accountancy firms to be split up and…
Retention of title – the unpaid seller v. the asset based lender
By Paul Muscutt
There are many issues that can hinder the collection of book debts and insolvency (of either the creditor or the debtor) is usually the catalyst for most them. Following an insolvency, those attempting to collect book debts are often faced…
UK Court of Appeal considers what amounts to a genuine and serious cross-claim
In the recently reported case of Misra Ventures Ltd v LDX International Group LLP [2018] EWCA Civ 3030, the UK Court of Appeal considered what constituted a genuine and serious cross-claim sufficient to justify an injunction restraining the presentation…
Will Britain be open for business post-Brexit?
The number of times Mrs May’s Brexit deal is being put to the vote in the House of Commons may remind some of the film “Groundhog Day”. At least in that film there was a happy ending – can the…
When can a payment of a dividend be a transaction defrauding creditors?
In the recent case of BTI 2014 LLC v Sequana SA & others, the Court of Appeal considered (1) whether section 423 of the Insolvency Act 1986 could apply to the payment of a dividend and (2) when a director’s…