Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
The decision provides some comfort for those administrators who have used, and intend to continue using, 'Holding DOCAs'.
Devry Smith Frank LLP
According to the Financial Post, Sears Canada has agreed to create a fund for former employees who were denied severance payments as the company restructures itself.
Miller Thomson LLP
E-mail conversations are often relatively informal and the participants, especially when they are not lawyers, can take prior discussions as a "given" rather than fully and expressly repeating them.
Borden Ladner Gervais LLP
In Royal Bank of Canada v. Casselman, three motions were brought before the Court.
Alviar Gonzalez & Tolosa Abogados
Imagine que su grande, mediana o pequeña empresa está pasando por un problema económico y le debe a sus acreedores más de lo que le puede pagar.
Dhir & Dhir Associates
The transition from a fragmented legal system to a unified Insolvency and Bankruptcy Code 2016 (IBC) is marked by challenges to implement it effectively and expeditiously.
Dhir & Dhir Associates
With the promulgation of the Insolvency and Bankruptcy Code, 2016 ("IBC"), India gains a comprehensive legislation which deals with insolvency and bankruptcy of companies, "LLPs", individuals and partnership firms.
Dhir & Dhir Associates
Undoubtedly, there is a fresh air and breather amidst the country's NPA clouds as the insolvency and bankruptcy menaces now look upto their new demigod – The IBC 2016 Code.
Singh & Associates
The aim and object of the Insolvency and Bankruptcy Code, 2016 is reorganization and insolvency resolution in a time bound manner for the maximization of value of assets of such persons...
Advaya Legal
In World Bank's ranking on resolving insolvency, India stood 136th in 2016.
Mason Hayes & Curran
The Court of Appeal has helpfully confirmed that a judgment creditor can seek an order appointing a receiver by way of equitable execution where:
New Insolvency Rules for Cross-border Matters aimed at keeping the Creditors and the troubled Business on Course came into force in June 2017.
K&L Gates
It is true that there are statements of high judicial authority which can be cited to support the notion that a contractual claim can survive the payment in full of a proof based on that claim.
Spratt Endicott Solicitors
As of 1st October 2017, debt recovery and collections in both the commercial and consumer world is going to see a big change with the introduction of the debt recovery Pre-Action Protocol (‘PAP').
4 New Square Chambers
The liability of trustees in bankruptcy to bankrupts is a curiously under-developed area of law.
TLT Solicitors
The court has no jurisdiction to direct a bankrupt to waive privilege in any document, the High Court has ruled (Leeds v Lemos [2017] EWHC 1825 (Ch)).
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Jones Day
The FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt."
K&L Gates
Effective December 1, 2017, certain amendments to the Federal Rules of Bankruptcy Procedure recently adopted by the Supreme Court will impact the allowance of secured claims in bankruptcy.
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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.
Khaitan & Co
Pursuant to notification of the provisions relating to insolvency resolution and liquidation process under the Insolvency and Bankruptcy Code, 2016, several applications have been made to the NCLT...
Kott Gunning
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
Erdem & Erdem Law
An exception to this general rule brought by Article 45/1 of Law No. 3568 is regulated under the third paragraph of the same article.
Erdem & Erdem Law
Both in the Turkish Code of Obligations ("TCO") and the Swiss Code of Obligations ("SCO"), the notion of unlikely debt repayment is regulated under two different parts.
The article provides guidance for directors facing financial difficulties, highlighting the importance of acting early.
Carroll & O'Dea
A creditor may avail itself of certain defences to a claim against it by a liquidator for unfair preference payments.
The recent amendments to the SARFAESI Act demonstrate the Indian government's commitment to put in place an efficacious system for dealing with bad debts and making debt recovery easier and effective.
Corrs Chambers Westgarth
The case discusses rights of a liquidator to funds paid into court as security by a company which then became insolvent.
Singh & Associates
The Insolvency And Bankruptc Y Code, 2016
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