News & Analysis as of

Debt Restructuring Hong Kong

Latham & Watkins LLP

Cram-across: Sino-Ocean Restructuring Plan Makes Waves

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The evolution of the English RP continues to push the jurisdictional envelope. The English court’s sanction of the Sino-Ocean restructuring plan (RP) marks an interesting development in the evolution of the English RP....more

Conyers

The Rise of Convertible Debt: An Alternative Source of Funding for Chinese Issuers

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In the ever-evolving world of corporate finance, one trend that has been gaining significant momentum is the increased issuance of convertible debt by Chinese issuers. Over the past few months, Chinese technology companies...more

Latham & Watkins LLP

Hong Kong Court Confirms Enforceability of Keepwell Deeds

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Two recent landmark decisions provide valuable guidance on this commonly used form of credit enhancement. Keepwell deeds have in recent years grown into a common form of credit enhancement used by companies in mainland...more

Latham & Watkins LLP

Hong Kong Airlines - A Restructuring Unparalleled

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A novel debt restructuring plan will allow the carrier to recover following pandemic turbulence. In December 2022, Hong Kong Airlines’ Hong Kong scheme and English restructuring plan were sanctioned by the respective...more

Hogan Lovells

No concrete proposal - Hong Kong court calls for debtor companies to show realistic restructuring proposals

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A Hong Kong court has reminded debtors of the need to present a credible and realistic restructuring proposal when facing creditors threatening winding up actions. In Re Jiayuan International Group Limited (佳源國際控股有限公司) [2023]...more

Hogan Lovells

Parallel lines – Hong Kong Airlines undergoes English and Hong Kong restructuring

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Hong Kong’s last remaining independent airline carrier, Hong Kong Airlines Limited has undergone a significant debt restructuring. In parallel proceedings (a restructuring plan in the UK and a scheme of arrangement in Hong...more

Hogan Lovells

Restructuring & Special Situations 2022 Year in Review Key insolvency decisions in Hong Kong and the People’s Republic of China

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2022 has been a year which has seen significant developments in court-led corporate rescue and insolvency law reform in Hong Kong. In light of the lingering COVID19 pandemic, it was all the more important that the Hong Kong...more

Latham & Watkins LLP

Cross-Border Recognition: Hong Kong Schemes and the Compromise of Foreign Law-Governed Debt

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Judicial comments cast doubt on the ability to compromise US law-governed debt effectively based on Chapter 15 recognition alone. A recent first instance decision in Hong Kong has highlighted an important...more

Hogan Lovells

Pointless – English High Court winds up listed plc for losing its purpose

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For the first time in England & Wales, a court has ordered the winding-up of a listed plc on the grounds of loss of substratum – the abandonment of the company's original main object and purpose. If Hong Kong follows this...more

Hogan Lovells

PRC court makes first recognition order under new Hong Kong – PRC insolvency arrangement

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In a significant decision, the Shenzhen Intermediate People's Court (Shenzhen court) has ordered formal recognition in the mainland for Hong Kong appointed liquidators. This is the first occasion on which a mainland court has...more

Latham & Watkins LLP

Restructuring and Insolvency in Hong Kong

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In Hong Kong, the statutory framework for regulating the affairs of insolvent companies is found in the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (the “C(WUMP)O”) and the Companies (Winding Up)...more

Akin Gump Strauss Hauer & Feld LLP

The New Cross-Border Arrangement Between Hong Kong and Mainland China on Insolvency and Restructuring Matters – A Comparison with...

On May 14, 2021, the Department of Justice of the government of the Hong Kong Special Administrative Region announced that the Secretary for Justice of Hong Kong and the Vice-president of the Supreme People’s Court (the...more

Conyers

BVI Court Orders Committal of Judgment Debtor Resident in Hong Kong: An Affirmation of the Commercial Court’s Pro-Enforcement...

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In Sang Cheol Woo v Charles C Spackman, the BVI Commercial Court handed down its first written judgment on the issue of whether the Court has jurisdiction to grant a committal order against a judgment debtor resident and...more

Akin Gump Strauss Hauer & Feld LLP

Recognition of Hong Kong Insolvency Proceedings in Mainland China – A Test Case in the Making?

In Re Ando Credit Limited [2020] HKCFI 2775 (“Re Ando”), the Hong Kong Companies Court recently appointed provisional liquidators over a Hong Kong company, Ando Credit Limited, in novel circumstances with potentially...more

Akin Gump Strauss Hauer & Feld LLP

In the Matter of CW Advanced Technologies Limited – An Intriguing Decision in Hong Kong Concerning Cross-border Insolvencies and...

• The High Court of Hong Kong has handed down an intriguing insolvency and restructuring decision which reaffirms the Hong Kong court’s pragmatic approach to cross-border restructuring. The decision addresses, for the first...more

Hogan Lovells

Winding-up Petition v Arbitration Clause: Hong Kong Court Dismisses Winding-up Petition in Favor of Arbitration Clause

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On 2 March 2018, the Hong Kong Court of First Instance (“CFI“) issued a notable decision which signifies a development of Hong Kong law in the contexts of insolvency and arbitration. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Restructuring Offshore PRC Debt"

As the growth of the Chinese economy (and the real estate sector in particular) slows, we are seeing stress in an increasing number of issuers of offshore noninvestment-grade People’s Republic of China (PRC) bonds. It seems...more

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