In brief Australian courts continue to show their willingness to support foreign insolvency appointeesâ efforts to investigate claims in Australia. Recent decisions,1 and ongoing cases, emphasise the role the Model Law in Australia can play in facilitating public examinations into claims relevant to a foreign insolvency appointment. Key takeaways Recognition of a foreign insolvency appointment under the UNCITRAL Model Law on Cross Border Insolvency (“Model Law”), when the usual criteria for recognition are otherwise met, will…
Latest Posts
- Australia: Hard to say no â Australian courts sanction examinations for foreign insolvencies
- Japan: Enterprise Value Charge â Japanâs new floating charge-like security interest
- Supreme Court Clarifies Exceptions to Fresh Start Principle in Canadian Bankruptcies
- Australia: Garuda airlines wins argument for foreign state immunity in the Australian High Court
- Unique issues for WeWork’s landlords in the event of a global restructuring
- United States: The New Golden Rule for Payment of Default Interest upon Reinstatement of a Debt Agreement?
- United States: Even a Contract for Vice Services Doesnât Count as an Unassignable Personal Services Contract Under Section 365 of the US Bankruptcy Code
- Japan: Japan to reform secured transactions law for the first time in 120 years
Recent
In brief On 7 June 2024, the National Diet of Japan enacted the Act on the Promotion ofCash…
The general rule in bankruptcy is that a debtor receives a âfresh startâ and is discharged from prior…
In brief The High Court has confirmed the decisions of the NSW Supreme Court and Court of Appeal,…
In brief With a potential WeWork restructuring on the horizon, this article explores some unique issues landlords may…
This article was first published on Law360.com and reproduced with permission from Law360. The Differences Between Assumption and…
One of the benefits the US Bankruptcy Code offers debtors is the ability to assign freely contracts under…