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Insolvency Litigation

Specialist legal litigation advice in all areas of restructuring and insolvency.

Our experience in Insolvency Litigation

Our experience advising on matters associated with restructuring and insolvency extend across borders and a wide range of related issues.

Contested winding up in both Hong Kong and Bermuda of a Bermudan company operating in Hong Kong – acting for creditor banks and then the provisional liquidators.

Acting in the first English case on the insolvency provision of the ISDA master agreement, taking the matter to the Court of Appeal. The issues involved the competing interests of the trade counterparties of North American Steamship Ltd (NASL) and the company’s Canadian trustees in bankruptcy (for whom we acted). The counterparties who were otherwise due to pay to NASL, were seeking to avoid contributions to the company’s estate under the ISDA terms.

Acting for the trustees in bankruptcy of Viren Rastogi, a former director and controlling shareholder of RBG Resources which went into liquidation owing $400 million to its bankers. Now a leading Court of Appeal authority on preventing the automatic discharge of bankruptcy in fraud cases.