Insolvency & Restructuring

Antony Sassi, Partner, Smyth & Co in association with RPC Liquidators’ attempts to obtain wide-ranging production of documents from former officers of a company are common in Hong Kong and...
April 2015
Richard Tollan, Partner, Justine Lau, Senior Associate, Mayer Brown JSM The entitlement of an Official Receiver to retain ad valorem fees on the conversion of a compulsory liquidation to creditors...
April 2015
Ludwig Ng, Senior Partner, ONC Lawyers Introduction Hong Kong courts will recognise and assist foreign liquidators in obtaining information and documents in Hong Kong. However, the Privy Council...
March 2015
Bankruptcy – automatic discharge – under s.30A(10)(a), commencement of bankruptcy period suspended during time when bankrupt not in Hong Kong – whether unconstitutional restriction on right of...
February 2015
Charles Allen, Partner, Alan Linning, Partner, and Dominic James, Counsel, Sidley Austin The Hong Kong court has held that, in determining whether it should exercise its jurisdiction to sanction a...
February 2015
David Smyth, Senior Partner, Smyth...
February 2015
Bankruptcy – bankruptcy order – based on statutory demand – whether debtor not insolvent – whether entitlement to interests in land established so that order would result in injustice C was...
January 2015
Richard Hudson, Partner, Cathy Wu, Associate, Deacons Section 30A(4) of the Bankruptcy Ordinance (the “BO”), provides eight grounds upon which the Court can order suspension of a...
December 2014
David Smyth, Senior Partner, Smyth...
December 2014
Bankruptcy – payments made by company purportedly on bankrupt’s behalf – validation order under s. 42 sought by bankrupt – third party payees not party to application and bankrupt had no financial...
December 2014
Written by David Smyth, Senior Partner, Smyth...
September 2014
Arrears of periodic maintenance payments ordered in matrimonial proceedings ​A wife (“W”) presented a petition for bankruptcy against her husband (“H”) based on arrears of periodic payments of...
December 2013
Limitation — presentation more than 12 years after date of judgment debt In September 2011, X presented bankruptcy petitions against the defendants (“Ds”) based on a judgment debt obtained in...
November 2013
Bona fide dispute as to debt — judgment conclusive unless obtained by fraud or had been miscarriage of justice The plaintiffs (“Ps”) and the debtor (“D”) held shares in a company (“C”), whereby...
July 2013
A matter making headlines has been the Securities and Futures Commission’s (“SFC”) proceedings in the Hong Kong courts seeking an order to compel Ernst...
June 2013
Cash-strapped Chinese solar panel maker Suntech Power Holdings Co Ltd is seeking to sell some assets and bring in a strategic investor to repay debt and revitalise the company, a source told Reuters...
May 2013
Oldest Swiss private bank to close after guilty plea Wegelin & Co, the oldest Swiss private bank, said last month it would shut its doors permanently after more than two-and-a-half centuries,...
February 2013
In the eagerly-awaited United Kingdom (“UK”) Supreme Court judgment with regard to the conjoined appeals of Rubin v Eurofinance SA and New Cap Reinsurance Corpn Ltd v Grant [2012] UKSC 46, the Law...
December 2012
Petition — bona fide dispute as to debt — court would not make bankruptcy order against alleged debtor who could show with sufficiently precise evidence bona fide defence B presented a bankruptcy...
December 2012