Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Holman Webb
A director may claim safe harbour protection, following a course of action reasonably likely to lead to a better outcome.
Cooper Grace Ward
Directors will need to carefully demonstrate compliance with the new obligations to gain benefit of the safe harbour.
Corrs Chambers Westgarth
The QCA considered whether a disposition of property by a company after the commencement of its winding up was void.
DibbsBarker
When the reforms come into effect in 2018, there will be major restrictions on the enforceability of ipso facto clauses.
Blake, Cassels & Graydon LLP
In 2017, a number of insolvency cases were litigated, in various provinces across Canada, which may materially affect the realization and recovery rights of commercial lenders in restructuring and insolvency proceedings.
Borden Ladner Gervais LLP
Ms. Zuk provided a personal guarantee for the business her husband founded. Ms. Zuk was also an accountant, and was Silverado's sometime bookkeeper and shareholder prior to her divorce...
Borden Ladner Gervais LLP
In fact, unlike Chapter 11 of the US Bankruptcy Code, in Canada, the CCAA does not provide for the appointment of creditors' committees representing their interest during the proceedings.
Willms & Shier Environmental Lawyers LLP
The Supreme Court of Canada (SCC) granted leave to hear the appeal of Orphan Well Association v Grant Thornton Limited.
Maples and Calder
Building on what is now a consistent theme in Cayman Islands law; the Privy Council's decision in DD Growth has further reinforced the serious challenges faced by liquidators of investment funds...
S.S. Rana & Co. Advocates
The Government has been consistently working towards refining and improving the new legal regime being set forth under the IBC.
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Board of India (hereinafter referred to as the "IBBI") has constituted the Insolvency law Committee vide notification no. 35/14/2017 dated November 16, 2017.
Clyde & Co
The Insolvency and Bankruptcy Board of India ("IBBI") had notified the IBBI (Information Utilities) Regulations, 2017 on March 31, 2017.
LexCounsel Law Offices
Massive expansion and investments, primarily funded through bank loans (despite a weak promoters' equity base), has given rise to companies which have overleveraged their balance sheets.
Khaitan & Co
The partly liberalized Indian economy has been aptly referred to in the Economic Survey of India 2015-16 as one that had transitioned from ‘socialism with limited entry to "marketism" without exit.
Singh & Associates
Question: What will be the status of a scheme of compromise or arrangement initiated under section 230 of the Companies Act, 2013 if the Corporate Insolvency Resolution ("CIR")...
Dillon Eustace
The decision of the High Court in Re Hayes (a debtor) ([2017] IEHC 657), illustrates the impact that the Personal Insolvency Act 2012 (as amended) (the "Act") may have on secondary purchasers of loan portfolios.
Volciuc-Ionescu SCA
An absolute novelty under the Romanian legislation, Law no. 151/2015 on insolvency of natural persons ("Personal Insolvency Law") was adopted by the Romanian Parliament back in June 2015.
Dentons
For the first time, the Singapore High Court has ruled on whether to grant ‘super priority' for debts arising from rescue financing under the amended insolvency laws ...
Stites & Harbison PLLC
What is a Court to do when an attorney knowingly violates the automatic stay in bankruptcy, and after being sanctioned for that transgression, challenges an award of attorney's fees at every possible opportunity?
Kramer Levin Naftalis & Frankel LLP
Corporate Restructuring and Bankruptcy partner Adam C. Rogoff joined Debtwire's Richard Goldman for a podcast discussion on the makewhole premium and replacement note interest rate...
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Holding Redlich
From 1 July 2018, ipso facto clauses will be ineffective in the event that the other party encounters financial distress.
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
This is a summary of the rights of directors and creditors to access books and records of a company in liquidation.
Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
KordaMentha
Distribution was the next step after one of the most complex and biggest administrations in Australian corporate history.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
KordaMentha
Ten Group creditors have voted overwhelmingly to accept an offer by CBS that pays 100 cents in the $ to most creditors.
Katona & Partners Attorneys at Law
Abhängig von der Unternehmensform und von der Auflösungsform sind mehrere Wege ein Unternehmen aufzulösen.
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