Insolvency & Bankruptcy

GPS acts for multiple stakeholders in insolvency and bankruptcy matters. Our clients include liquidators, receivers, trustees, financial institutions, creditors, shareholders and debtor companies. We focus on contentious insolvency and bankruptcy representations before the Hong Kong courts and our team includes solicitor advocates with higher rights of audience. Given the nature of the Hong Kong market, many of the matters we work on involve complex cross border issues.

Our practice combines experienced litigation and corporate Hong Kong lawyers to ensure clients have the benefit of comprehensive, strategically focused and commercially aligned representation in a broad range of matters, including:

  • acting for and advising liquidators, receivers, trustees and other insolvency appointment takers on conducting investigations and asset recovery on insolvency and bankruptcy administrations, often across multiple jurisdictions
  • insolvency and bankruptcy matters involving issues arising from complex fraud or other misconduct
  • applications to the Hong Kong courts by foreign appointment takers and companies to recognise and assist insolvency proceedings in foreign jurisdictions
  • individuals in financial distress and bankruptcy proceedings
  • compulsory winding-up proceedings
  • voluntary liquidation options and procedures
  • the use of non-insolvency tools and strategies to create value and increase realisations in insolvency and bankruptcy situations 
  • the use of insolvency and bankruptcy tools in select non insolvency matters, such as asset recovery and judgment enforcement, to increase recovery 
  • debt recovery and enforcement of security, including the appointment of receivers
  • claims against directors for alleged breach of fiduciary duties and other misconduct brought by insolvent companies and liquidators
  • winding-up proceedings involving shareholders and directors based on just and equitable grounds
  • sale and purchase of distressed assets, businesses and companies
  • acting for and advising financially distressed companies on corporate rescue options and strategies including debt restructuring and schemes of arrangement

New Energy

We support clients acquiring and developing new energy assets, including in the following areas:

·    engineering, procurement and construction

·     land use rights

·     due diligence

·     mergers and acquisitions

·     joint ventures (including private equity investing)

·     power purchase agreements or offtake agreements

·     projects and developments

·     financing

·     alternative means funding and refinancing

·     operations and maintenance

·     asset management

·     intellectual property protection

·     contract enforcement

Energy Transitions

In collaboration with global efforts to decarbonise, we support the conventional and unconventional hydrocarbons industry during this transition in the following areas:

·     energy tech

·     mergers and acquisitions

·     sell and buy side auctions

·     equity and debt or reserve-based lending financing

·     equity joint ventures

·     operating agreements

·     liquified natural gas and liquified natural gas price reviews

·     unitization

·     area of mutual interest agreements

·     joint bidding or studies and seismic acquisitions

·     rig contracts

·     contract enforcement