Our Insolvency Practice Group has consistently advised and acted for liquidators of listed and private companies. Moreover, we have been involved in a number of complicated cross-border insolvency cases and have assisted liquidators in Hong Kong to obtain recognition of their roles and powers in the places of incorporation of the companies (such as the Cayman Islands, British Virgin Islands, Bermuda, Samoa and the P.R.C., etc.) and to obtain concurrent approval of schemes of arrangements with creditors from the courts in different jurisdictions.

Further, we have from time to time acted for consortium of banks for presenting winding-up petitions against listed more companies and large enterprises, as well as obtaining urgent appointment of provisional liquidators of companies.

In the context of personal insolvency, we have acted for the Trustees-in-Bankruptcy for obtaining orders for examination and production of documents against the bankrupts and their associates and obtaining sanction for creditors’ funding agreements from the Court. We have also acted for the Trustees-in-Bankruptcy in commencing legal proceedings against the associates of the bankrupts for the purposes of asset tracing and recovery.

The key members of the Practice Group have received a number of awards in recognition of our remarkable performance in the field of insolvency and restructuring.

Services provided by us include:

Insolvency and Bankruptcy

• winding-up orders and bankruptcy orders (contested and non-contested)
• conversion of compulsory winding-up into creditors’ voluntary winding-up
• appointment of provisional liquidators
• advising on the rights, powers, duties and obligations of provisional liquidators
• tracing of assets, including examination of debtors and directors of companies
• validation orders
• orders for oral examination of directors and production of documents
• setting aside unfair preference transactions
• injunctions restraining the majority shareholders to exercise their voting rights to defeat a proposed restructuring

Restructuring

• schemes of arrangment
• obtaining the recognition of the Hong Kong liquidators’ role and powers by the Courts or authorities of foreign jurisdictions.

Partners

CHU, Ivan Siu Lun
CHAN, Florence Yim Yi

Consultant

HO, Keith Man Kei