Mondaq All Regions - Hong Kong: Insolvency/Bankruptcy/Re-structuring
Mayer Brown JSM
Experienced insolvency practitioners in Hong Kong are all familiar with Hong Kong Court of Appeal's decision of 1 March 2006 in the liquidation of Legend International Resorts Limited.
Clyde & Co
Hong Kong has not adopted into domestic legislation the UNCITRAL Model Law on Cross Border Insolvency.
Mayer Brown JSM
The Honourable Mr Justice Harris, the incumbent Companies Judge, has continued the recent development of cross-border assistance in insolvency matters.
Mayer Brown JSM
A key factor contributing to the vitality and development of the common law is that judges can have the benefit of authorities from other jurisdictions with a comparable legal framework.
Mayer Brown JSM
Did you know that a scheme of arrangement can be used to reduce the creditor constituency in a liquidation, so that time and costs can be saved for the benefit of all parties?
Mayer Brown JSM
The last two years have seen a number of foreign incorporated companies generating court decisions in Hong Kong that provide timely and important guidance in windings-up with cross-border issues.
Mayer Brown JSM
Did you know that when a liquidator makes a court application, it is important to identify the appropriate applicant, not only as a procedural matter, but also from a costs perspective?
Clyde & Co
Liquidators may often consider it necessary to bring proceedings on behalf of the insolvent company to seek to recover assets or obtain compensation on the company's behalf.
Mayer Brown JSM
On 11 November 2015, the Court of Final Appeal ("CFA") delivered its judgment in the high-profile Yung Kee case.
Harneys
In response to the turbulent economic times seen of late, there has been a significant growth in the use of schemes of arrangement to compromise creditors' claims where the company in question is facing financial difficulty.
Mayer Brown JSM
We have previously reported that the Official Receiver retains its entitlement to ad valorem fees on the conversion of a compulsory liquidation to a creditors' voluntary winding-up (CVL).
Mayer Brown JSM
Under Hong Kong law, the courts’ jurisdiction is ordinarily territorial in nature. A plaintiff or applicant has to obtain permission of the court before it can validly serve a writ or other document initiating a legal action on a defendant or respondent located outside Hong Kong.
Mayer Brown JSM
Did you know that a liquidator of a foreign company may seek the assistance of the Hong Kong Court to obtain orders for the production of information.
Shine Wing
This article highlights the key provisions in this 2nd Interpretation and the distinction between this Interpretation and the relevant Hong Kong insolvency provisions.
Tanner De Witt
This update considers recent cases that clarify the statutory structure applying to a provisional liquidator’s remuneration.
Tanner De Witt
An unfair preference claim is a powerful tool for liquidators to recover assets of the company when a creditor’s position has been unfairly improved by the company prior to its winding up.
Tanner De Witt
The May 2010 decision of Harris J in Re Cyberworks Audio Video Technology Ltd [2010] caused some excitement among the insolvency community in Hong Kong.
Mayer Brown JSM
On a recent Mayer Brown JSM application (on behalf of the Liquidators of one of the Lehman Brothers entities) to reduce and expunge proofs of debt, the Hong Kong High Court has ruled that creditors who receive an overpayment of dividends due in respect of a proof of debt which has been "improperly admitted" (rule 96, Companies Winding-Up Rules) must give credit for those overpayments before receiving further dividends in the liquidation (Re Lehman Brothers Commercial Corp Asia Ltd ("LBCCA") [20
Mayer Brown JSM
Following our previous legal update on substituted service of a statutory demand against an individual, the Court of Appeal’s recent decision in "FWD Life Insurance Co (Bermuda) Ltd v. Chan Kim Fai" sheds light on the requirement of Rule 59 of the Bankruptcy Rules for substituted service of a bankruptcy petition.
Mayer Brown JSM
Thailand's amended Bankruptcy Act (No. 9) B.E. 2559 (2016) (the "Amendment") was published in the Royal Thai Government Gazette on 24 May 2016 and came into force on 25 May 2016.
Most Popular Recent Articles
Mayer Brown JSM
Experienced insolvency practitioners in Hong Kong are all familiar with Hong Kong Court of Appeal's decision of 1 March 2006 in the liquidation of Legend International Resorts Limited.
Harneys
In response to the turbulent economic times seen of late, there has been a significant growth in the use of schemes of arrangement to compromise creditors' claims where the company in question is facing financial difficulty.
Clyde & Co
Liquidators may often consider it necessary to bring proceedings on behalf of the insolvent company to seek to recover assets or obtain compensation on the company's behalf.
Mayer Brown JSM
Did you know that when a liquidator makes a court application, it is important to identify the appropriate applicant, not only as a procedural matter, but also from a costs perspective?
Mayer Brown JSM
The last two years have seen a number of foreign incorporated companies generating court decisions in Hong Kong that provide timely and important guidance in windings-up with cross-border issues.
Clyde & Co
Hong Kong has not adopted into domestic legislation the UNCITRAL Model Law on Cross Border Insolvency.
Mayer Brown JSM
Thailand's amended Bankruptcy Act (No. 9) B.E. 2559 (2016) (the "Amendment") was published in the Royal Thai Government Gazette on 24 May 2016 and came into force on 25 May 2016.
Mayer Brown JSM
On 11 November 2015, the Court of Final Appeal ("CFA") delivered its judgment in the high-profile Yung Kee case.
Mayer Brown JSM
A key factor contributing to the vitality and development of the common law is that judges can have the benefit of authorities from other jurisdictions with a comparable legal framework.
Mayer Brown JSM
Did you know that a scheme of arrangement can be used to reduce the creditor constituency in a liquidation, so that time and costs can be saved for the benefit of all parties?
Mayer Brown JSM
The Honourable Mr Justice Harris, the incumbent Companies Judge, has continued the recent development of cross-border assistance in insolvency matters.
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