News & Analysis as of

Foreign Corporations Insolvency

K&L Gates LLP

Doing Business in Australia

K&L Gates LLP on

Australia welcomes new business and foreign investment by providing a strong economy, a stable political environment and a skilled and talented workforce. Our comprehensive guide to Doing Business in Australia has been...more

Hogan Lovells

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

Hogan Lovells on

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

Hogan Lovells on

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

Hogan Lovells on

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

Hogan Lovells

Hong Kong Court of Appeal gives boost to bondholders in significant "keepwell" victory

Hogan Lovells on

The Hong Kong Court of Appeal has dismissed a challenge to a first instance decision which recognized the Beijing administrators of the commercial arm of the Peking University group but granted only a limited stay of...more

Dechert LLP

Leverage may be a sufficient benefit to justify the making of a winding up order – new ruling by the Hong Kong Court of Final...

Dechert LLP on

Creditors seeking to enforce an undisputed debt against a solvent foreign non-Hong Kong company in the courts of Hong Kong will welcome the recent judgment of the Court of Final Appeal (CFA) in Shandong Chenming Paper...more

International Lawyers Network

Establishing A Business Entity In Israel (Updated)

While there are a few different forms of “corporate” entities in Israel, this guide will focus on companies and partnerships as these are the entities that the non-Israeli businessman is most likely to set up or invest in if...more

Arnall Golden Gregory LLP

AGG Talks: U.S. Bankruptcy Basics for Foreign Investors

AGG is proud to present the latest installment of our AGG Talks podcast series on U.S. business bankruptcy. In this episode, AGG Bankruptcy partner Sean C. Kulka and Corporate partner Mike E. Burke discuss the basics of the...more

Akin Gump Strauss Hauer & Feld LLP

The First Test Case of the Cross-Border Arrangement Between Hong Kong and Mainland China on Insolvency and Restructuring Matters

In the groundbreaking recent decision in Re Samson Paper Company Limited (in Creditors’ Voluntary Liquidation) [2021] HKCFI 2151 (“Samson”), the Hong Kong Companies Court (the “Hong Kong court”) has for the first time issued...more

Hogan Lovells

Hong Kong and mainland China agree new co-operation mechanism for cross-border insolvency

Hogan Lovells on

Hong Kong and the Mainland have agreed a new co-operation mechanism for cross-border insolvency. Under the agreement, liquidators from Hong Kong may apply to Mainland courts for recognition of insolvency proceedings in Hong...more

Jones Day

Legislative Update: The Dutch Scheme Has Arrived

Jones Day on

After more than six years of development, the legislative process concerning new Dutch restructuring legislation (Wet Homologatie Onderhands Akkoord, or "WHOA") that introduces a Dutch debtor-in-possession proceeding ("Dutch...more

International Lawyers Network

Establishing A Business Entity In Israel (Updated)

While there are a few different forms of “corporate” entities in Israel, this guide will focus on companies and partnerships as these are the entities that the non-Israeli businessman is most likely to set up or invest in if...more

McDermott Will & Emery

The Evolution of Cross-Border Restructuring Processes

It’s a small world, and particularly for global companies considering restructuring. Transactions rely increasingly on international synergies. Are you up to date on the details of cross-border processes? Mark Fine, Bradley...more

Hogan Lovells

What's good for the goose – Hong Kong Court revisits iconic insolvency decision

Hogan Lovells on

In a recent judgment, the Hong Kong Court reiterated the principles outlined in Kam Leung Sui Kwan v. Kam Kwan Lai [2015] 18 HKCFAR 501 (Yung Kee), the case concerning the famous roast goose restaurant in the heart of Hong...more

Allen Matkins

Directorial Duties To Creditors - Getting To The Bottom Of The California Trust Fund Theory

Allen Matkins on

A week ago today, Kevin LaCroix wrote about the potential liability of directors of financially stressed companies.  Kevin's piece focused on Delaware law and makes no mention of the state of the law here in California....more

Hogan Lovells

A welcome red packet – Hong Kong court recognises mainland Chinese administrators for first time

Hogan Lovells on

Just in time for Chinese New Year, a Hong Kong court has taken a major step forward in the developing law on cross-border insolvency by recognising a mainland Chinese liquidation for the first time. ...more

International Lawyers Network

Establishing A Business Entity In Israel

The influence of British rule immediately prior to the establishment of the State of Israel has left a lasting mark on Israeli corporate law. Even though Israel is commercially much closer to the U.S., the links to the...more

Jones Day

No Comity Extended to Foreign Bankruptcy Without Chapter 15 Recognition

Jones Day on

U.S. courts have a long-standing tradition of recognizing or enforcing the laws and court rulings of other nations as an exercise of international "comity." Prior to the enactment of chapter 15 of the Bankruptcy Code in 2005,...more

Shumaker, Loop & Kendrick, LLP

Client Alert: The Long Arm of the Law: Avoidance Actions Without Borders

A June 2018 Bankruptcy Court decision in the Southern District of New York (SDNY) held that foreign companies with no presence in the U.S. were subject to default judgments....more

Hogan Lovells

Hong Kong Court confirms common law recognition and assistance of foreign voluntary liquidations

Hogan Lovells on

On 8 February 2018, the Hong Kong Court of First Instance (the “Hong Kong Court“) ruled that the common law power to recognise and assist foreign insolvency proceedings extends to voluntary liquidations – this is the first...more

Dechert LLP

Exelco’s US Chapter 11 Case Dismissed in Favor of Belgian Proceeding

Dechert LLP on

The Delaware Bankruptcy Court recently dismissed a Chapter 11 bankruptcy case pending before it and recognized, under Chapter 15 of the Bankruptcy Code, the debtor’s bankruptcy proceeding in Belgium. Exelco NV (“Exelco”), a...more

Morrison & Foerster LLP

MoFo Brexit Briefing: Flourishing by becoming familiar: how to attract restructuring investors to the post-Brexit UK

The process of Brexit will take years, and the implications for our clients’ businesses will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and working...more

Cole Schotz

New Delaware Chapter 15 Filing – Abengoa, S.A.

Cole Schotz on

Christopher Morris, the foreign representative of Abengoa, S.A. (Nasdaq: ABGB), a debtor in a foreign proceeding pending in Spain, and 24 affiliates have filed a chapter 15 petitions before the United States Bankruptcy Court...more

Cole Schotz

New Delaware Chapter 15 Filing – Eastern Continental Mining and Development Ltd.

Cole Schotz on

Ninos Koumettou, the foreign representative of Eastern Continental Mining and Development Ltd. has filed a chapter 15 petition before the United States Bankruptcy Court for the District of Delaware (Case No. 16-10121-BLS)... ...more

Blake, Cassels & Graydon LLP

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide