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Insolvency
Australia
Cathro & Partners
Bankruptcy is often seen as a significant step to address insolvency, but it is not the only option available.
Corrs Chambers Westgarth
Factors to be considered in appointing a liquidator where an alternative proposed liquidator is nominated.
ClarkeKann Lawyers
The decision in Cooper affirms that interest should be allowed from the date of the liquidator's demand.
ClarkeKann Lawyers
Voidable transactions undermine the equitable distribution of assets in the administration of an insolvent company.
Cathro & Partners
Link to video that aims to shed light on the intricacies of insolvency law & the roles of those who navigate this field.
FTI Consulting
Restructuring & Insolvency Comparative Guide for the jurisdiction of Australia, check out our comparative guides section to compare across multiple countries
Cathro & Partners
Those facing personal financial difficulties should consider the most appropriate way to deal with potential bankruptcy.
BRI Ferrier
MVL can be a structured and cost-effective pathway to dissolve a solvent company, maximising returns to its shareholders.
Bahamas
Lennox Paton
The Chief Justice of the Commonwealth of The Bahamas, Sir Ian Winder has issued Cross-Border Insolvency Practice Direction No. 14 of 2023...
British Virgin Islands
Ogier
Our analysis of a recent court judgment in the ongoing liquidation of the high profile crypto-asset hedge fund Three Arrows Capital is by Nicholas Brookes and Romauld Johnson...
Harneys
In a significant ruling, His Honour Justice Johns KC determined that when calculating equitable compensation, proprietary claims and recoveries made from third parties should be taken into account.
Harneys
We have created this guide to cover frequently asked questions on how to deal with insolvent British Virgin Islands companies.
Canada
Davies Ward Phillips & Vineberg
As we predicted in earlier issues of Davies Insolvency Now, the year 2023 reflected the anticipated increase in business insolvency activity.
MLT Aikins LLP
The British Columbia Supreme Court ("Court") was recently asked to address a gap in the Bankruptcy and Insolvency Act ("BIA")...
McCarthy Tétrault LLP
The current backlog in the Toronto Civil List – where even short motions are being scheduled more than a year out ...
MLT Aikins LLP
The MLT Aikins insolvency and restructuring practice group carried out assignments in 2023 as counsel to debtor companies, lenders and court officers administering insolvency proceedings. Notable highlights are as follows.
MLT Aikins LLP
A recent decision of the Ontario Superior Court ("Court") provided insights into how the Courts may interpret Section 11.7 of the Companies' Creditors Arrangement Act ("CCAA")...
Cayman Islands
Harneys
Insolvency law in the Cayman Islands is principally regulated by the Companies Act and the Companies Winding Up Rules, and they are supplemented by a wide body of case law.
Harneys
In the recent decision of In the Matter of Holt Fund SPC, the Cayman Islands Grand Court confirmed for the first time that it has jurisdiction to wind up a segregated portfolio company...
Cayman Finance
Collas Crill acted as Cayman Islands legal counsel to Holt Fund SPC in respect of its successful application for the appointment of restructuring officers.
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