Leading Associates

Firms To Watch: Restructuring and insolvency: foreign firms

With Shanghai-based Ulrike Glueck at the helm, CMS has in-depth expertise in the automotive, manufacturing, and pharma sectors. The practice is well equipped to handle cross-border dissolutions and liquidations, alongside routinely advising international companies on complex restructurings.

Restructuring and insolvency: foreign firms in China

Kirkland & Ellis International LLP

Leveraging the expertise of its network of offices in Asia, Europe, and the United States, the team at Kirkland & Ellis consistently handles complex financial restructurings, enforcement and litigation strategy, alongside insolvency proceedings. The practice has vast experience in representing domestic and international clients in the real estate, energy, and media sectors, regularly demonstrating strong multi-jurisdictional capabilities. Based out of Hong Kong, Neil McDonald leads the group, specialising in advising bondholders in connection with the restructuring of offshore indebtedness, while Hong Kong-based Wei Yang Lim has notable experience handling restructurings and special situations investment across the region. Fergus Saurin primarily focuses on cross-border commercial and insolvency-related disputes, and Anthony Wijaya stands out for his work with global hedge funds. Former partner Kelly Naphtali departed in 2024.

Responsables de la pratique:

Neil McDonald


Autres avocats clés:

Wei-Yang Lim; Fergus Saurin; Anthony Wijaya


Principaux clients

Ad hoc group of holders of the USD-denominated senior notes and HKD-denominated convertible bonds issued and/or guaranteed by Country Garden Holdings Company Limited and its subsidiaries.


Ad hoc group of holders of the offshore notes issued/guaranteed by China Evergrande Group and/or its subsidiaries.


Ad hoc group of holders of the senior notes issued by KWG Group Holdings Limited.


Ad hoc group of holders of certain public offshore notes and other offshore financial indebtedness issued and/or guaranteed by Kaisa Group Holdings Ltd. or its subsidiaries.


Ad hoc group of holders of the offshore notes and perpetual securities issued by CIFI Holdings (Group) Co. Ltd.


Ad hoc group of holders of the offshore notes issued or guaranteed by Yuzhou Group Holdings Company Limited


Ad hoc group of holders of US$1.35 billion offshore notes issued by China South City Holdings Limited (HKSE: 1668)


Ad hoc group of holders of the US$350 million zero coupon convertible bonds due 2026 issued by Tequ Mayflower Limited and guaranteed by Hope Education Group Co., Ltd.


Ad hoc group of offshore bondholders in restructuring and enforcement actions in respect of US$275,000,000 9.875% Senior Notes due 2022 issued by Hong Seng Limited and guaranteed by Hong Yang Group Company Limited.


Ad hoc group of holders of the offshore notes issued by Fantasia Holdings Group Co., Limited.


Sapura Energy Berhad and its subsidiaries


Lenders under the approximately US$500 million senior and junior facility borrowed by PT Visi Media Asia Tbk, a leading Indonesia listed and based media convergence company


Lenders under the US$1.2 billion term loan facility borrowed by BYJU’s Alpha Inc and guaranteed by, among others, Think & Learn Pvt Ltd


Certain bondholders in connection with the restructuring of VNET’s indebtedness.


Top-tier sponsor backed telecom tower infrastructure group in Myanmar


Partners Group


Ad hoc committee of holders of the US$450,000,000 6% notes due 2020 issued by Unigroup International Holdings Ltd. and guaranteed by Tsinghua Unigroup International Co., Ltd. with benefit of a keepwell deed provided by Tsinghua Unigroup Co. Ltd.


Ad hoc committee of holders of certain tranches of bonds including US$350,000,000 5.25% guaranteed bonds due 2018 issued by certain subsidiary of China Energy Reserve and Chemicals Group Company Ltd.


Bain Capital Special Situations


Principaux dossiers


  • Advising an ad hoc group of holders of USD-denominated senior notes and HKD-denominated convertible bonds issued and/or guaranteed by Country Garden Holdings Company Limited in connection with the restructuring of its offshore indebtedness which is in excess of US$32.27 billion (including US$10.55 billion in the aggregate principal amount of the offshore notes).
  • Advising US$1.2 billion syndicated lenders of BYJU’s, an Indian edtech firm which once counted among the world’s most valuable startups with US$22 billion valuation with respect to global enforcement strategy spanning from India insolvency process, US Chapter 11, Singapore receivership and multiple litigation proceedings worldwide.
  • Advised an ad hoc group of holders of senior notes issued and/or guaranteed by China Evergrande Group in connection with the restructuring of its offshore indebtedness in excess of US$36 billion (including US$19 billion in aggregate principal amount of the offshore notes).

Latham & Watkins LLP

Acting for borrowers, lenders, and distressed investors, the Latham & Watkins LLP practice stands out for its offering on high-value debt restructurings, complex enforcement actions, and cross-border winding-up petitions. It also excels in assisting ad-hoc groups of offshore bondholders and onshore trade creditors. The team draws upon its in-depth expertise in US bankruptcy and reorganisation cases to routinely advise clients spanning the aviation, real estate, and tech sectors, with the Hong Kong-based head Howard Lam being well-regarded by insolvency practitioners, distressed funds, and bank lenders. Flora Innes is highly knowledgeable in corporate restructurings and multi-jurisdictional disputes, bringing added insight to the outfit.

Responsables de la pratique:

Howard Lam


Autres avocats clés:

Flora Innes


Principaux clients

Hong Kong Airlines Limited


Ad hoc group of bondholders to Zhenro Properties Group


Ad Hoc Committee of bondholders in relation to China Fortune Land Development


Ad hoc group of bondholders to Zhongliang Holdings Group


Babel Asia Asset Management Private Limited


Committee of noteholders to Hidili Industry International Development


Private placement lenders to Logan Group Company Limited


Ad hoc group of bondholders to RiseSun


Ad hoc group of offshore bondholders and certain bank creditors to Powerlong Real Estate


Fok Hei Yu and Kenneth Fung (of FTI Consulting) as liquidators of Top Wise International Limited (In Liquidation)


Donald Osborne and Christopher So (of PWC), as joint and several liquidators of Shanghai Huaxin (Hong Kong) Limited (In Liquidation)


BFAM Asian Opportunities & Long Corridor


Xinyuan Real Estate Co., Ltd


Bank lenders to Sunac China Holdings


Bank syndicate to Redco Properties Group Limited


Ad hoc group of bondholders to Central China


Bondholders of Dexin China Holdings Limited


Liquidators of Tsinghua Unigroup International Co., Ltd and Unigroup International Holdings Ltd


Principaux dossiers


  • Advised the ad hoc committee of offshore bondholders with respect to Zhongliang Holdings Group, a high-profile Hong Kong-listed Chinese real estate developer, on the successful restructuring of its 5 series of USD guaranteed bonds with face value of circa US$929 million, as well as other private loans of the company.
  • Advised the “Babel Finance” group of companies, which operated a crypto-lending and crypto asset management business in Asia, to holistically restructure its operational indebtedness, corporate and shareholding structure through a Singapore scheme of arrangement, following the crypto crash in June 2022.
  • Advising an ad hoc group of offshore bondholders and certain bank creditors in connection with the US$2 billion+ holistic debt restructuring of USD bonds, bank debts and other private debts of Powerlong Real Estate Holdings Limited, a Fujian-based Chinese real estate development company which is listed on the Hong Kong stock exchange.

Linklaters

Spearheaded by the Hong Kong-based duo of Richard Woodworth and Denise Fung, Linklaters has vast expertise in acting for debtors, banks, and bondholder creditors in financial distress, whilst regularly overseeing multi-jurisdictional restructurings of offshore liabilities. The firm has recently developed its specialism in navigating enforcements and exits of financial investments in special situations, with Woodworth being an expert in complex financial debt restructurings. Fung predominantly focuses on the real estate sector, assisting developers in disputes and insolvency matters, while Roberta Cheung handles both contentious and non-contentious issues since joining as counsel in August 2023 from Allen & Overy.

Responsables de la pratique:

Richard Woodworth; Denise Fung


Autres avocats clés:

Roberta Cheung


Principaux clients

China Aoyuan Group Limited


Co-ordination Committee of lenders to Logan Group Company Limited


CIFI Holdings (Group) Company Limited


Central China Real Estate Limited


Yuzhou Group Holdings Company Limited


Ad hoc group of bondholders of Times China Holdings Ltd


Ad hoc group of creditors of Sunac China Holdings Limited


Greenland Global Investment Limited


Ad hoc group of investors of Sino-Ocean Group Holding Limited


Principaux dossiers


Clifford Chance

Fielding a core team of restructuring and insolvency specialists with broad expertise across funds, M&A, and capital markets, Clifford Chance is frequently called upon by global investment banks and private equity sponsors. The firm demonstrates extensive knowledge across a multitude of sectors, ranging from tech and media to real estate and aviation, and boasts a growing presence in the crypto insolvency field. From Hong Kong, Scott Bache and Donna Wacker co-lead the team, with the former being an expert in cross-border corporate restructurings, while the latter primarily focuses on representing liquidators and stakeholders. Phoebe Lo is experienced in distressed situations, and both Soo Khim Keoy and Thomas Walsh are also hailed as key contacts.

Responsables de la pratique:

Scott Bache; Donna Wacker


Autres avocats clés:

Phoebe Lo; Soo Khim Keoy; Thomas Walsh; Yvonne Shek; Alvin Cheung; Hinny Leung


Principaux clients

FTI Consulting


Alvarez & Marsal


Principaux dossiers


  • Advised an ad hoc group of lessors and a Chinese policy bank with respect to the restructuring of Hong Kong Airlines pursuant to a Hong Kong scheme of arrangement and UK Part 26A restructuring plan.
  • Assisting the Liquidators in their work on the liquidation of China Evergrande Group and its subsidiaries.
  • Represents the Liquidators of Gatecoin Limited, one of Hong Kong’s earliest and most popular cryptocurrency exchange platforms that went into liquidation in 2019 following a hack in which crypto currency assets were stolen from the exchange’s hot wallets.

DLA Piper

Through close collaboration with its litigation and finance departments, the DLA Piper restructuring group provides a full-service offering to domestic and international entities from across the energy, pharma, and financial services sectors. The practice has vast experience of handling complex enforcement actions and multi-jurisdictional insolvency disputes, alongside consistently supporting debtor companies and funds in winding-up proceedings and bond restructuring. Based out of Sydney, Naomi Moore co-heads the outfit, standing out for her work on distressed debt and private credit issues, whilst the other co-lead, Trinh Hoang, primarily focuses on special situations financing from the Hoing Kong office.

Responsables de la pratique:

Naomi Moore; Trinh Hoang


Principaux clients

Bank of Beijing


Blue Ocean Structure Investment Company Co., Ltd.


China Ping An Insurance Overseas (Holdings) Limited


Aquarian Credit Funding LLC


Principaux dossiers


  • Advised Blue Ocean Structure Investment Company Co., Ltd (as petitioner and the majority shareholder of the debtor company with its successful just and equitable winding up following a shareholder dispute and potentially fraudulent transactions that were entered into by the debtor company’s minority shareholders and related parties causing a loss of in excess of US$600m to the client.

Baker McKenzie

Hailed as an outfit which provides ‘pragmatic solutions’, Baker McKenzie FenXun leverages its experienced partner resources in Hong Kong, Shanghai, and Beijing, when advising domestic and international clients in financial restructurings and bankruptcy litigation. The firm is particularly experienced in the energy, automotive, and manufacturing industries, with the Hong Kong-based head Kwun Yee Cheung specialising in company insolvency proceedings and court restructurings. Gary Seib stands out for his handling of multi-jurisdictional litigation arising from liquidation matters.

Responsables de la pratique:

Kwun Yee Cheung


Autres avocats clés:

Gary Seib; Edmund Ma


Les références

‘The professional team can provide pragmatic solutions.’

‘Partner Kwun Yee Cheung and associates  Edmund Ma are responsive and truly understand what the client needs.’

‘The firm is extremely responsive, and has high calibre individuals providing high-quality advice.’

Principaux clients

Chong Hing Bank Limited


CWT International Limited (SEHK: 521) (“CWT”)


EganaGoldpfeil (Holdings) Group (In Liquidation)


Fok Hei Yu and John Batchelor of FTI Consulting Ltd


Guardian Trust Company (Asia) Limited


The Official Receiver of Hong Kong and KPMG for Bank of Credit and Commerce Hong Kong Limited (In Liquidation)


Samson Paper Holdings Limited


Westinghouse Electric UK Holdings Limited


Principaux dossiers


  • Advise Derek Lai and Glen Ho Deloitte (HK) in their capacity as soft-touch provisional liquidators (the “JPLs”) of Samson Paper Holdings Limited (the “Listco”) (for restructuring purposes), a Bermuda incorporated and Hong Kong listed company, after successfully seeking recognition in Hong Kong in 2020.

Mayer Brown

Organised to effectively oversee complex cross-border restructuring matters, Mayer Brown Hong Kong’s office boasts extensive experience in acting for international banks, insolvency practitioners, and liquidators, on all aspects of distressed and special situation issues. The firm frequently advises on trust asset claims adjudication and cross-border enforcement actions. Pierre Dzakpasu routinely represents banks and other financial institutions.

Autres avocats clés:

Pierre Dzakpasu


Les références

‘The insolvency team does operarate as a team. It is commercially aligned to its clients and thoughtful in its advice.’

Principaux clients

China Construction Bank (Asia) Corporation Limited


Industrial and Commercial Bank of China Limited (“ICBC”)


China Development Bank


PricewaterhouseCoopers


KPMG


Baker Tilly


Ernst & Young


FTI Consulting


International Finance Corporation (IFC)


Malayan Banking Berhad (“Maybank”)


OCBC


DHB


CIMB


KfW


CACIB


DNB


RHB


Mercuria


Hang Seng Bank Limited


DBS Bank (Hong Kong) Limited


Yuanta Commercial Bank Co. Ltd.


Chang Hwa Commercial Bank, Ltd


Taiwan Cooperative Bank Limited


Bank of Taiwan


EnTie Commercial Bank


Mega International Commercial Bank Co., Ltd.,


Bank Sinopac


Taiwan Business Bank Ltd


Far Eastern International Bank


Principaux dossiers


  • Acting for the Bank and Financial Creditors to the Debtor Group- with the total debt of the Debtor Group being estimated to be $10,000,000,000.
  • Acted for Citicorp International Limited in its capacity as the Trustee of bonds issued by beleaguered property developer Logan Group Company Limited, and in its capacity as Petitioner in multiple insolvency proceedings commenced in Hong Kong and in the Cayman Islands.
  • Advising the provisional liquidators in connection with Changgang Dunxin’s restructuring.

Stephenson Harwood

Through getting ‘the job done quickly and efficiently’, Stephenson Harwood consistently attracts international banks, major auditors, and tech corporations through its tailored advice on contentious insolvency and cross-border bankruptcy matters. Operating out of Hong Kong, Jamie Stranger heads the group, regularly assisting liquidators, bankruptcy trustees, and debtors in complex restructurings and schemes of arrangement. Alexander Tang predominantly concentrates on commercial litigation, while Simon Wong and Ivan Ng are also listed as key names to note.

Responsables de la pratique:

Jamie Stranger


Autres avocats clés:

Alexander Tang; Simon Wong; Ivan Ng; Dorothy Siron; Emily Li; Teresa Tsoi


Les références

‘Flexible and approachable. ’

‘The team is well known in the restructuring and insolvency field to get the job done quickly and efficiently, at rates that are very reasonable compared to their peers.’

Principaux clients

JIC Leasing Co., Ltd


United Overseas Bank Limited


Grant Thornton Luxembourg


PwC


Madison Pacific


Société Générale


FTI Consulting


Grant Thornton HK


Finance & Risk Services Limited (Bermuda)


Principaux dossiers


Tanner De Witt

Showcasing extensive experience in handling multi-jurisdictional winding-up orders and liquidations, the ‘strong and capable’ team at Tanner De Witt counts domestic and global corporations in the real estate, life sciences, and financial services industries amongst its key clients. Led by the duo of Ian De Witt and Robin Darton, the Hong Kong-based practice specialises in advising insolvency practitioners, distressed funds, and debtors, in insolvency and bankruptcy matters, whilst Sunny Hathiramani acts for private equity funds, financial institutions and high-net-worth individuals on a range of insolvency matters. Troy Greig and Veronica Chan are also highlighted as key practitioners.

Responsables de la pratique:

Ian De Witt; Robin Darton


Autres avocats clés:

Sunny Hathiramani; Troy Greig; Veronica Chan; Tim Au; Natalie Lam


Les références

‘Well established and excellent local experience.’

‘Ian De Witt and Robin Darton are stalwarts of the HK scene and deliver practical and solid advice.’

‘A firm/team with an independent focus on the Hong Kong legal market, with genuine specialists and expertise across the gamut of legal practice.’

Principaux clients

Alvarez & Marsal (eg. Evergrande)


Grant Thornton (e.g. Global Cord Corporation; Guy Lam)


Suning Holdings Group


KPMG (eg. China City, Lehman)


Teneo (eg. Dingway, Vesttoo, White Rock)


Briscoe Wong (Joint Silver Limited)


Micro Pak


Perun (e.g. Receivership of Brimstone SPC)


Principaux dossiers


  • Appointed as the liquidators’ solicitors to manage the Evergrande Groups’s estimated US$300 billion debt and assets, including real estate properties worth approximately HK$15.5 billion.
  • Acting for the JPLs of the Global Cord Blood Corporation in legal proceedings against rogue directors and shareholders.
  • Acting for Suning Holdings Group in a complex legal case involving a winding-up petition, restructuring talks, a negotiated settlement with Bain Capital, a cross-claim against Carrefour Group.