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Australia
Vincent Young
Section 420A of the Corporations Act 2001 (Cth) (Act) obliges a receiver exercising a power of sale to take all reasonable care to sell the property for market value or the best price reasonably obtainable.
Vincent Young
Congratulations! You have just obtained an adjudication certificate. What comes next if the respondent refuses to pay the adjudicated amount?
Corrs Chambers Westgarth
When can a mortgagee claim a right to retain reasonable security for costs of anticipated litigation with a mortgagor?
Rostron Carlyle Rojas
Liquidation should be a last resort to financial difficulties, so consider these steps first.
ClarkeKann Lawyers
As a last resort to break a dispute impasse, a Court may wind up the company on just and equitable grounds.
Worrells
Issuing a DPN is one way the ATO seeks to compel a director to comply with tax and superannuation obligations.
Coleman Greig Lawyers
Phoenixing is liquidating a company to avoid debts and then resurrecting the business via a separate entity.
Worrells
Shareholders have several options available to resolve disputes, address their concerns and protect their interests.
Hong Kong
Harneys
In the recent Hong Kong decision of Re Primlaks (H.K.) Ltd (In Liquidation), the High Court confirmed the liquidators' decision to reject the applicant's proof of debt (POD)...
India
Argus Partners
The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ...
Argus Partners
The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ...
Khurana and Khurana
The classification of financial and operational debts within the context of insolvency proceedings presents a complex legal landscape that demands scrutiny and nuanced interpretation.
Argus Partners
On February 15, 2024, the Insolvency and Bankruptcy Board of India ("IBBI") amended the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 vide the Insolvency and Bankruptcy Board of India Regulations, 2024.
S&R Associates
The decision of the Bombay High Court (the "High Court") in Shiv Charan and Ors. v. Adjudicating Authority and Ors. ("Shiv Charan") has clarified the protection afforded to resolution applicants...
Argus Partners
On January 31, 2024, the Insolvency and Bankruptcy Board of India ("IBBI") amended the IBBI (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019.
Argus Partners
The Supreme Court on February 12, 2024 in ‘Greater Noida Industrial Development Authority v. Prabhjit Singh Soni' reported in 2024 SCC Online SC 122 sent back a resolution plan to the committee of creditors ("COC") for resubmission.
Argus Partners
In the case of ACRE – 81 Trust Through its trustee Assets Care & Reconstruction Enterprise Limited v. Pawan Kumar Goyal [2024 SCC OnLine NCLAT 90], the National Company Law Appellate Tribunal, Principal Bench.
Indonesia
Adnan Kelana Haryanto & Hermanto
Commissioners of Indonesian limited liability companies actually have a lot of potential liability pursuant to the provisions of Law No. 40 of 2007 concerning Limited Liability Companies ("Company Law").
Japan
AlixPartners
ディスラプション時代にビジネスリーダーがどのように経営の舵取りをするのか解き明かすAlixTalk。9.11、経営破綻、パンデミックなどのディスラ
Norton Rose Fulbright Hong Kong
In 2017, Singapore adopted the UNCITRAL Model Law on Cross-Border Insolvency (Singapore Model Law), to aid in the recognition of, and assistance to, foreign insolvency proceedings...
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