Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Clayton Utz
In light of these Boart Longyear decisions, Courts will continue to vigorously adjudicate class constitution challenges.
The sole shareholder of the companies failed in his attempt to challenge the validity of the administrator appointments.
Cooper Grace Ward
Commercial contract managers should review all existing contracts now, to protect their legitimate commercial interests.
Clayton Utz
The proposed changes will affect insolvency practitioners, restructuring advisers, company directors and creditors.
Kott Gunning
Failure by the company to register its interest on the PPSR in equipment it leased resulted in a loss of the equipment.
De Luca, Derenusson, Schuttoff e Azevedo Advogados
Brazil's Superior Court of Justice has said it won't recognise the liquidation of British Virgin Islands company Gutmen Investment Corporation, citing risks to the judicial recovery of the company's...
Blake, Cassels & Graydon LLP
Our Retail Insolvencies series examines large retail insolvencies in Canada from the perspective of various stakeholders.
Miller Thomson LLP
Sun Life intente en 2005, un recours contre Technique Acoustique en vue de récupérer les sommes qu'elle a dû débourser pour la réparation d'un immeuble construit par la débitrice.
Singh & Associates
According to the World Bank Report of Doing Business, the insolvency resolution process in India is complex, time consuming and expensive due to presence of multiple laws.
Singh & Associates
Not so long, all the creditors, as well as the debtors were welcoming the move of the legislature in introducing the now most complicated Insolvency and Bankruptcy Code, 2016 but now everybody has realized that the code ...
Singh & Associates
The law is still crystallizing the fact as to which entities can come under the respective categories for initiation of CIRP as mentioned above.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (the "Code") was passed by the Parliament on May 5, 2016 and received the assent of the President of India on May 28, 2016.
Singh & Associates
The Insolvency and Bankruptcy Code, 2016 passed by the Parliament is a welcome overhaul of the existing framework dealing with insolvency of corporate, individuals, partnerships and other entities.
Mason Hayes & Curran
A recent practice direction (HC72) has provided important guidance on the role of a "McKenzie Friend" in assisting lay litigants before the civil courts.
Jus Privatum Law Firm
If your Russian contractor fails to settle its debt for quite a long period of time or does not make efforts to pay off its debt...
Alrud Law Firm
According to the Ruling the parties may establish in their agreement the procedure for confirming the powers of the creditor's representative.
Bar & Karrer
The worst economic disaster since the great depression of 1929 took American and European banks by storm in 2008.
Jones Day
The Situation: After a ruling in In re Ultra Petroleum Corp. by the U.S. Bankruptcy Court for the Southern District of Texas, certain private-placement noteholders are entitled to a "make-whole" premium...
Miles & Stockbridge
For a creditor, the difference between a perfected and unperfected security interest can mean the difference between full repayment and receiving mere pennies on the dollar (or nothing) in a bankruptcy.
Sheppard Mullin Richter & Hampton
In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code...
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Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Worrells Solvency & Forensic Accountants
When it comes to acronyms, initialisms, and abbreviations, the insolvency industry is no different to other industries.
Clayton Utz
Directors should get guidance on how safe harbour reforms could affect a business and review long-term supply contracts.
Worrells Solvency & Forensic Accountants
Most pre-insolvency advisor activity is now centred around director misconduct, and not illegal phoenix activity.
Jones Day
In Mighty River International Ltd v Hughes [2017] WASCA 152, the Western Australian Court of Appeal delivered a landmark decision approving the use of a "holding" deed of company arrangement ("DOCA").
Corrs Chambers Westgarth
Notwithstanding the arrangement for deferral of payment, the creditor suffered a loss in the amount of unpaid invoices.
Clayton Utz
To perfect a security interest by possession, a secured party must have actual or apparent possession of the property.
Pointon Partners
The operation of the safe harbour will drastically change the way that directors approach a company's solvency issues.
Corrs Chambers Westgarth
The Federal Court recently considered whether a security interest could be perfected by the appointment of receivers.
Worrells Solvency & Forensic Accountants
The Bankruptcy Act prescribes that the 3-year bankruptcy period does not commence until a Statement of Affairs is filed.
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