Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Madgwicks
The Administrators were not entitled to charge the owners of goods to retrieve their unsold items from the auction house.
Bartier Perry
Company directors have 'safe harbour' protection from insolvent trading claims while they develop plans to restructure.
Corrs Chambers Westgarth
Guarantor unsuccessfully sought to rely on the rule against double satisfaction to reduce his liability to a creditor.
Veirano e Advogados Associados
Resumo: O artigo 49 da Lei 11.101/05 estabelece que se sujeitam à recuperação judicial todos os créditos existentes na data do pedido ...
Nishith Desai Associates
Our expertise and opinion is regarded as an authority amongst the upper echelons of international law.
NovoJuris Legal
Under the Insolvency and Bankruptcy Code, 2016 (the Code), a financial creditor can initiate a Corporate Insolvency...
CMS Adonnino Ascoli & Cavasola Scamoni
The CMS in Italy Banking and Finance Department, under the patronage of the British Chamber of Commerce for Italy, has published a valuable and innovative guide on the Italian reform of national insolvency and pre-insolvency procedures.
Prager Dreifuss
There are different forms and treatments of subordination agreements in Swiss insolvency. This article is inspired by the authors' experience representing the security agent of $1.75 billion bond ...
Erdem & Erdem Law
A significant part of the recent legislative amendments to improve the investment environment are made to Enforcement and Bankruptcy Law ("EBL") numbered 2004.
Bezen & Partners
The Law Amending the Code of Execution and Bankruptcy and Certain Laws numbered 7101 has been published in the Official Gazette dated 15 March 2018 and numbered 30361.
Gowling WLG
In the second of our mini-series on insolvency in construction, we consider what you need to do when you find out that the party you are in contract with has become (or is about to become) insolvent.
Ferguson Litigation Funding Ltd
As third-party litigation funders, we are often asked by insolvency office holders whether we are interested in acquiring claims as opposed to funding them.
Caplin & Drysdale
Recent caselaw demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a jointly-administered bankruptcy case...
Jones Day
The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law.
Jones Day
In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions ...
Jones Day
In determining whether a U.S. bankruptcy court should provide the representative of a foreign debtor with various forms of assistance in a case under chapter 15 of the Bankruptcy Code ...
Fredrikson & Byron, P.A.
In a February 2018 ruling, the United States Supreme Court narrowed one of the safe harbors for fraudulent transfer and other avoidance actions.
Jones Day
In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark...
Jones Day
It argued that the buyer of the claim was also disqualified from voting on the plan as a nonstatutory insider.
Jones Day
Instead, the relevant inquiry is whether the transferor or the transferee in the transaction whose avoidance is sought is itself a financial institution.
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ClarkeKann Lawyers
PBAs are trust accounts, intended to protect down the line subcontractors from the insolvency of up the line contractors.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
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.
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.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Worrells Solvency & Forensic Accountants
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Worrells Solvency & Forensic Accountants
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
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