News & Analysis as of

Winding Up Petitions Commercial Bankruptcy

Mayer Brown

Understanding the Trends: A Review of Insolvency Litigation in Hong Kong in 2023

Mayer Brown on

Insolvency litigation witnessed intriguing developments across multiple aspects in Hong Kong in 2023, ranging from the court’s updated Practice Direction on Bankruptcy and Winding-Up Proceedings to on-going debate surrounding...more

Latham & Watkins LLP

Hong Kong and BVI Courts Differ on Whether Noteholders Have Standing to Petition for Winding-Up

Latham & Watkins LLP on

The Hong Kong Court confirmed that noteholders with beneficial interest in global notes do not have standing to present winding-up petitions against issuers. Meanwhile, the BVI Court reached the opposite conclusion in a...more

Hogan Lovells

Show some respect – Court of Appeal affirms primacy of exclusive jurisdiction clause in bankruptcy proceedings

Hogan Lovells on

The Hong Kong Court of Appeal has confirmed that the court should respect the effect of an exclusive jurisdiction clause in bankruptcy proceedings, just as it does in ordinary civil actions. To do otherwise, it said, it would...more

Hogan Lovells

The carnival concludes – directors who opposed winding up ordered to pay costs

Hogan Lovells on

Directors who opposed a winding up action citing an unrealistic restructuring proposal have now been ordered to pay costs, after a swift follow-on decision by the Hong Kong Companies Court....more

Hogan Lovells

Hong Kong court issues stunning criticism of provisional liquidators for abusing winding-up procedure

Hogan Lovells on

A Hong Kong court has severely criticised the provisional liquidators (PLs) appointed by the court in the company’s place of incorporation in the Cayman Islands, for trying to interfere with the rights of creditors in Hong...more

Hogan Lovells

Hong Kong court gives creditors the nod to sue despite Chapter 15 scheme recognition

Hogan Lovells on

The Hong Kong court has sanctioned a scheme of arrangement for a Hong Kong-listed, Bermuda-incorporated fertilizer manufacturer based in the mainland. In doing so, the Honorable Mr Justice Harris also warned holders of U.S....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

Hogan Lovells

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

Hogan Lovells on

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

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Russia (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER RUSSIAN LAW - The main piece of the legislation that regulates the activities of parties in insolvency proceedings in the Russian Federation is the...more

Hogan Lovells

Significant developments in the UK's insolvency regime: a creditor's perspective

Hogan Lovells on

In this article we look at current trends and developments at the intersection between insolvency and dispute resolution, including a rundown of some of the latest legislative changes, and issues to consider when litigating...more

Latham & Watkins LLP

Restructuring and Insolvency in Hong Kong

Latham & Watkins LLP on

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 Hong Kong Court Reconsiders the Primacy of the Jurisdiction of Incorporation in Cross-Border Insolvency Proceedings

In Re Lamtex Holdings Limited, the Hong Kong Companies Court recently ordered the winding-up of a Bermuda-incorporated Hong Kong-listed company. While the winding-up in Hong Kong of a foreign-incorporated company is not...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Russia (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER RUSSIAN LAW - The main piece of the legislation that regulates the activities of parties in insolvency proceedings in the Russian Federation is the...more

Cohen & Gresser LLP

New Insolvency Practice Directions

Cohen & Gresser LLP on

Introduction - On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (“CIGA”) came into force.  CIGA is intended to relieve some pressure on businesses operating during the COVID-19 pandemic, and also to...more

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