Mondaq Asia Pacific: Insolvency/Bankruptcy, Re-structuring
Corrs Chambers Westgarth
The Court reaffirmed the importance of "clear evidence" of relevant transactions and the overall solvency of a company.
Kott Gunning
This decision has clarified what must be shown to set a statutory demand aside, making that task significantly easier.
Corrs Chambers Westgarth
The court clarified PPSA concepts of "PPS Leases", "bailment" and "commercial consignment" arrangements for receivers.
DibbsBarker
This case confirms that the term "creditors" under section 121(1) of the Bankruptcy Act includes "impending creditors".
CBP Lawyers
The emphasis by the court on the "double might" test shows that it is crucial in determining a liquidator's independence.
Mayer Brown JSM
Bankruptcies and reorganizations are viewed in the People’s Republic of China as very much a practical issue.
Clyde & Co
Hainan PO Shipping was established by Hainan State-owned Assets Supervision and Administration Commission in 2009.
Mayer Brown JSM
Did you know that a liquidator of a foreign company may seek the assistance of the Hong Kong Court to obtain orders for the production of information.
Shine Wing
This article highlights the key provisions in this 2nd Interpretation and the distinction between this Interpretation and the relevant Hong Kong insolvency provisions.
Tanner De Witt
This update considers recent cases that clarify the statutory structure applying to a provisional liquidator’s remuneration.
Tanner De Witt
An unfair preference claim is a powerful tool for liquidators to recover assets of the company when a creditor’s position has been unfairly improved by the company prior to its winding up.
Tanner De Witt
The May 2010 decision of Harris J in Re Cyberworks Audio Video Technology Ltd [2010] caused some excitement among the insolvency community in Hong Kong.
Mayer Brown JSM
On a recent Mayer Brown JSM application (on behalf of the Liquidators of one of the Lehman Brothers entities) to reduce and expunge proofs of debt, the Hong Kong High Court has ruled that creditors who receive an overpayment of dividends due in respect of a proof of debt which has been "improperly admitted" (rule 96, Companies Winding-Up Rules) must give credit for those overpayments before receiving further dividends in the liquidation (Re Lehman Brothers Commercial Corp Asia Ltd ("LBCCA") [20
Mayer Brown JSM
Following our previous legal update on substituted service of a statutory demand against an individual, the Court of Appeal’s recent decision in "FWD Life Insurance Co (Bermuda) Ltd v. Chan Kim Fai" sheds light on the requirement of Rule 59 of the Bankruptcy Rules for substituted service of a bankruptcy petition.
MNK Law Offices
One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
Chapman Tripp
As New Zealand inches toward a more regulated insolvency regime, Australian court decisions may become more relevant here.
Chapman Tripp
We dust off the crystal ball and look ahead to what we expect will be the 'big five' insolvency issues.
Chapman Tripp
Liquidators should continue to use the section 295 procedure to recover insolvent transactions that have been set aside.
Chapman Tripp
A recent NZ High Court decision confirmed that receivers are not personally liable to pay body corporate levies.
Most Popular Recent Articles
DibbsBarker
A failure to properly perfect a security interest can result in the personal property vesting in the insolvent estate.
Corrs Chambers Westgarth
The court clarified PPSA concepts of "PPS Leases", "bailment" and "commercial consignment" arrangements for receivers.
ClarkeKann Lawyers
KordaMentha claims that four gas turbines are subject to ANZ's security interest and may be sold to recover the ANZ debt.
Singh & Associates
Section 530 under the Chapter V of Part VII of the Companies Act, 1956 provides for the sequence of the payments which shall be made in the course of winding up of a company.
Corrs Chambers Westgarth
Suppliers should take steps to mitigate their risks and these four key lessons may avoid potential PPSA landmines.
Cooper Grace Ward
This Victorian decision will be welcomed by liquidators, but it has worrying implications for financiers or creditors.
Corrs Chambers Westgarth
The Court reaffirmed the importance of "clear evidence" of relevant transactions and the overall solvency of a company.
CBP Lawyers
The emphasis by the court on the "double might" test shows that it is crucial in determining a liquidator's independence.
MNK Law Offices
One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
Clayton Utz
Courts will limit an administrator's liability if funding is to be used to advance an agenda consistent with Part 5.3A.
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