Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Madgwicks
Discussion of the defences that are available for voidable unfair preference payments under the Corporations Act 2001.
Borden Ladner Gervais LLP
The Québec Superior Court recently rendered a judgment (Francis v. Adobe 2018 QCCS 2547) confirming that a bankrupt's debt may be declared non-releasable by a discharge order pursuant to section 178
Elias Neocleous & Co LLC
Parliament passed a package of legislative measures on 8 July 2018 that aims to encourage the resolution of non-performing loans.
Dentons
Quick Take: More clarity—or more confusion—on what the European Central Bank, acting in its Single Supervisory Mechanism capacity (the ECB-SSM), expects?
Fair & Just Legal Solutions LLP
The NCLT, Mumbai, accepted the application of Nisus and passed the order for commencement of insolvency resolution process.
VGC Law Firm
It is apparent from the ongoing practice that IRPs consider the date of receipt of order as the date of the appointment.
Walkers
It has become a frequent feature for Irish companies seeking court protection through examinership to provide a written undertaking at the petition stage that it will discharge in full post-petition taxes ...
Sharir, Shiv & Co. Law Offices
On March 5, 2018, the Knesset plenum approved the Law on Insolvency and Economic Recovery,
Duncan Cotterill
New Insolvency Practitioners Bill proposes licensing framework where insolvency practitioners would require a license.
BSA Ahmad Bin Hezeem & Associates LLP
Although there is no separate bankruptcy law in Oman, both the Commercial Code of 1990 and the Commercial Companies Law of 1974 provide a framework for the bankruptcy of traders and liquidation of insolvent companies.
MGC Legal
Adalet Bakanlığınca yürürlüğe konulan ve alacaklılar kuruluna ilişkin usul ve esasları belirleyen Konkordato Komiserinin Niteliklerine ve Alacaklılar Kurulunun Zorunlu Olarak Oluşturulmasına Dair Yönetmelik'in 10.
MGC Legal
Within the framework of the Regulation on Restructuring of Debts Owed to Financial Sectors numbered 30510 published in the Official Gazette dated 15 August 2018 by the Banking Regulation and Supervision Agency, ...
MJ Hudson
Most contractual remedies available to Junior Creditors appear reactive in nature, in that they rely on the ability to take action, as permitted by the terms of the relevant credit documents.
MJ Hudson
Depending on what type of restructuring is contemplated and the facts and circumstances of the case, there may be rights and remedies available to Junior Creditors in addition to contractual rights...
Jones Day
On June 4, 2018, the U.S. Supreme Court ruled in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, 138 S. Ct. 1752, 2018 WL 2465174 (U.S. June 4, 2018), that an individual debtor's false statement ...
Jones Day
In the wake of scandal-driven bankruptcies filed by nearly 20 U.S. Roman Catholic dioceses and religious orders, scrutiny has been increasingly brought to bear on the benefits and burdens...
Jones Day
In In re Avanti Commc'ns Grp. PLC, 582 B.R. 603 (Bankr. S.D.N.Y. 2018), Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York entered an order under chapter 15...
Jones Day
In In re SIMA Int'l, Inc., 2018 WL 2293705 (Bankr. D. Conn. May 17, 2018), the U.S. Bankruptcy Court for the District of Connecticut ruled that a chapter 7 trustee's rejection of an intellectual property license agreement ...
Jones Day
In Grasslawn Lodging, LLC v. Transwest Resort Properties Inc. (In re Transwest Resort Properties, Inc.), the U.S. Court of Appeals for the Ninth Circuit considered, in connection with a "cramdown" chapter 11 plan, ...
Hughes Hubbard & Reed LLP
A recent decision by the Bankruptcy Court for the Western District of Texas in In re Palmaz Scientific, 2018 WL 1036780
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Dentons
Saudi Arabia's bankruptcy and insolvency law regime has been governed by two regulations, the earliest dating back to 1930.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
ClarkeKann Lawyers
PBAs are trust accounts, intended to protect down the line subcontractors from the insolvency of up the line contractors.
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
Worrells Solvency & Forensic Accountants
Using credit repair and debt management firms may mean consumers pay high fees and not get the solution they're seeking.
Trilegal
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 brings about significant changes to improve the insolvency resolution framework in India.
Worrells Solvency & Forensic Accountants
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
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