Mondaq Asia Pacific: Insolvency/Bankruptcy, Re-structuring
Clayton Utz
This case clarifies matters of registration of retention of title clauses for secured creditors dealing with grantors.
Corrs Chambers Westgarth
The Court was willing to accept that traditional ROT arrangements amounted to security in respect of the underlying debt.
Coleman Greig Lawyers
If a creditor doesn't want to surrender their security, then they should make it clear in the way they complete the POD.
Corrs Chambers Westgarth
This week's TGIF examines the NSW Supreme Court decision In the Matter of Kevin Jacobsen Pty Limited.
Madgwicks
A recent Federal Court case brings clarity to the treatment of protected money payments under Australia's bankruptcy laws.
Mayer Brown JSM
The last two years have seen a number of foreign incorporated companies generating court decisions in Hong Kong that provide timely and important guidance in windings-up with cross-border issues.
Mayer Brown JSM
Did you know that when a liquidator makes a court application, it is important to identify the appropriate applicant, not only as a procedural matter, but also from a costs perspective?
Clyde & Co
Liquidators may often consider it necessary to bring proceedings on behalf of the insolvent company to seek to recover assets or obtain compensation on the company's behalf.
Mayer Brown JSM
On 11 November 2015, the Court of Final Appeal ("CFA") delivered its judgment in the high-profile Yung Kee case.
Khaitan & Co
As a demonstration of India's combined political will, the much awaited and debated Insolvency and Bankruptcy Code, 2016 was passed by the Upper House of the Parliament on 11 May 2016 (shortly after being passed by the Lower House on 5 May 2016).
IC Legal
In the backdrop of Vijay Mallya episode and season of corporate defaults when public sector banks and financial institutions are helplessly chasing their dues in largely protracted legal battles...
LexCounsel Law Offices
The Code envisages that the insolvency resolution processes will be conducted by insolvency professionals.
Trilegal
The Insolvency and Bankruptcy Code passed by the Parliament is a welcome overhaul of the existing framework dealing with insolvency of corporates, individuals, partnerships and other entities.
Phoenix Legal
The upper house of Parliament (the Rajya Sabha) passed the Insolvency and Bankruptcy Code 2016 on May 11 2016. The code was previously passed by the lower house of Parliament (the Lok Sabha) on May 5 2016.
Phoenix Legal
In 1989 Madras Petrochem Ltd was declared a 'sick unit' by the BIFR in accordance with the Sick Industrial Companies (Special Provisions) Act.
Phoenix Legal
The introduction of the Insolvency and Bankruptcy Code, 2015 (the Code) in the Lok Sabha by Finance Minister Arun Jaitley on December 21, 2015 was greeted by unanimous applause and a sigh of relief from all stakeholders.
Phoenix Legal
In Pegasus Assets Reconstruction P Ltd v M/s Haryana Concast Limited a division bench of the Supreme Court held that a company court cannot wield any control in respect of a sale of secured assets by a secured creditor.
Phoenix Legal
No single umbrella legislation governs insolvency and bankruptcy proceedings in India. Instead, there is a slew of legislation governing the legal framework, including:
Budidjaja & Associates
The New Insurance Law provides that the procedures and requirements relating to a creditor's application are to be governed through the OJK regulations.
ABNR Law
Registered vessels with a gross weight of 20 cubic metres or more and registered aircraft can also be secured by way of a mortgage.
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Phoenix Legal
No single umbrella legislation governs insolvency and bankruptcy proceedings in India. Instead, there is a slew of legislation governing the legal framework, including:
Trilegal
The Insolvency and Bankruptcy Code passed by the Parliament is a welcome overhaul of the existing framework dealing with insolvency of corporates, individuals, partnerships and other entities.
Chapman Tripp
We expect further clarity to emerge as courts apply the Supreme Court principles in future voidable transaction cases.
Rajani Associates
The concept of Strategic Debt Restructuring ("SDR") has been introduced by the Reserve Bank of India in the SDR Scheme to help banks recover their loans by taking control of the distressed listed companies.
LexCounsel Law Offices
The Ujwal Discom Assurance Yojana ("UDAY"), a scheme for the financial turnaround of power distribution companies ("Discoms"), was approved by the Cabinet on November 5, 2015...
Kott Gunning
Directors and company advisors should thoroughly understand how to ensure that a transaction can not become a UDRT claim.
Corrs Chambers Westgarth
The Court considered the validity of the Tax Commissioner's treatment of debits and credits in an insolvency context.
Jones Day
On 7 December 2015, the Australian Government released its "National Innovation and Science Agenda" ("Agenda").
LexCounsel Law Offices
The Code envisages that the insolvency resolution processes will be conducted by insolvency professionals.
Shook Lin & Bok
The Appellant is a shareholder and director of Timor Global LDA ("TG"). The Respondent, the Australia and New Zealand Banking Group Ltd, had extended banking facilities in the sum of $7.8 million to TG.
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