Welcome to the Winter edition of the International Restructuring Newswire. In this issue we focus on recent developments and new trends in cross-border insolvencies.

Featured articles

To our clients and friends
As we begin the New Year, there is no shortage of concerns that create uncertainty as to the direction of the global economy.

Singapore’s efforts to become an international hub for debt restructuring
Singapore’s recent changes to its insolvency and debt restructuring regime have attracted much interest in the international restructuring world. 

Cryptocurrency and insolvency: 2018 the year in review
Late 2017 will be remembered as the period in which everyday investors adopted cryptocurrency as an alternative investment class and rode the highs of Bitcoin at USD$20,000. 

Review of significant Chapter 15 decisions in 2018
Chapter 15 of the U.S. Bankruptcy Code provides a mechanism for obtaining recognition and other relief in aid of a foreign bankruptcy, insolvency...

Approval of third-party releases under the CCAA: the court lowers the bar in Aquadis
A monitor appointed under the Companies’ Creditors Arrangement Act (CCAA) can sue third parties in the name of the debtor to maximize the debtor’s assets for its creditors.

Common sense prevails: Supreme Court of Canada confirms secured creditors are not liable for debtor’s unremitted sales taxes
The Supreme Court of Canada has now confirmed that, following a tax debtor’s bankruptcy, Canadian tax authorities cannot recover that tax debtor’s...

Claims against insolvency practitioners: the rising tide
The role of an Insolvency Practitioner (“IP”) has always been challenging – taking control of a company in crisis, making swift decisions based on limited information...



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Industry:

Recent publications

Publication

Rule 192 – US conflicts rule may hit UK and European securitisations and repackagings

On 27 March 2023 both SIFMA and AFME submitted letters of comment to the US Securities and Exchange Commission (the SEC) responding to the SEC’s Release No. 33-11151 proposing new Rule 192 (Rule 192), seeking to implement a prohibition as required by Section 27B of the Securities Act of 1933 (as inserted in that Act by Section 621 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the Dodd-Frank Act).

Global | March 30, 2023

Publication

Internal documents, gun-jumping and merger control penalties

An enduring merger control trend is the authorities’ greater focus on parties’ internal documents, and the related risk of penalties and delays to reviews where parties fail to submit complete responses to RFIs or provide incomplete or misleading submissions.

Global | March 28, 2023

Antitrust and competition

Publication

Merger control and jurisdictional creep

An increasing challenge for M&A parties is identifying where their deals will be reviewed in a context where merger control authorities are finding new ways to take jurisdiction over transactions falling below traditional (usually turnover-based) notification thresholds

Global | March 28, 2023

Antitrust and competition
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