News & Analysis as of

Insolvency COMI Debtors

Carey Olsen

Singapore Apex Court recognises BVI as the COMI of a BVI registered company – an examination of article 16(3) of the Model Law

Carey Olsen on

In Re Fullerton Capital Limited (in liquidation) [2025] SGCA 11, the Singapore Court of Appeal has affirmed the importance of a debtor’s registered office (in this case in the BVI) as its centre of main interests (“COMI”)....more

Jones Day

Delaware Bankruptcy Court: "Center of Main Interests" for Purposes of Chapter 15 Recognition Must Be Determined on...

Jones Day on

Determining a foreign debtor's "center of main interests" ("COMI") for purposes of recognizing a foreign bankruptcy proceeding in the United States under chapter 15 of the Bankruptcy Code can be problematic in cases...more

Conyers

New Cayman Islands Restructuring Regime: Modern Land and a Modernised Approach

Conyers on

Cayman Islands companies have dominated the restructuring news cycle of late for a variety of reasons, including recent judicial commentary as to the effect of obtaining recognition under Chapter 15 of the U.S. Bankruptcy...more

White & Case LLP

On 1 January 2021 the Corporate Stabilisation and Restructuring Act (StaRUG) has come into force and introduced the new...

White & Case LLP on

Prior to the introduction of the Preventive Restructuring Framework by the StaRUG out-of-court restructurings in Germany other than the restructuring of German law-governed bonds generally required unanimous approval by all...more

A&O Shearman

Singapore-Incorporated Company Has Its COMI in the US

A&O Shearman on

In Re Zetta Jet Pte Ltd (2019), the Singapore High Court held that the Centre of Main Interest (COMI) of a Singapore-incorporated company was the US. It noted that a company’s jurisdiction of incorporation could be displaced...more

K&L Gates LLP

Cross-Border European Insolvency in the Brexit Era

K&L Gates LLP on

The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated. The timing is ironic given that the change will take place in the period leading up to the March 2019 exit...more

Latham & Watkins LLP

Greater Choice in Liability Management and Bond Restructurings

Latham & Watkins LLP on

Liability management exercises (“LMEs”) are increasing in the bond and capital market and are often used in relatively benign situations. They are certainly not always a precursor to a full-scale restructuring or insolvency....more

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