Mondaq Asia Pacific: Insolvency/Bankruptcy, Re-structuring
Cooper Grace Ward
When selling company property, a controller must take all reasonable care to sell it for not less than its market value.
Kemp Strang Lawyers
The article outlines what is a disclaimer, the effect on a mortgagee, and what can be done to resolve these problems.
Kemp Strang Lawyers
The way that a liquidator or receiver accounts for the proceeds of assets may be significantly impacted by this appeal.
Colin Biggers & Paisley
Well drafted trading and credit terms and policies can help you and your company manage cash flow and avoid bad debts.
Harneys
In response to the turbulent economic times seen of late, there has been a significant growth in the use of schemes of arrangement to compromise creditors' claims where the company in question is facing financial difficulty.
Mayer Brown JSM
We have previously reported that the Official Receiver retains its entitlement to ad valorem fees on the conversion of a compulsory liquidation to a creditors' voluntary winding-up (CVL).
Mayer Brown JSM
Under Hong Kong law, the courts’ jurisdiction is ordinarily territorial in nature. A plaintiff or applicant has to obtain permission of the court before it can validly serve a writ or other document initiating a legal action on a defendant or respondent located outside Hong Kong.
Nishith Desai Associates
Bombay High Court holds that oppression and mis-management claims fall outside the purview of an arbitration proceeding.
Dentons
The Law of the Republic of Kazakhstan No. 176-V "On Rehabilitation and Bankruptcy" dated 7 March 2014was amended as follows:
Chapman Tripp
Receivers should be wary of section 32(5) of the Receiverships Act, with personal liability for rent and other payments.
Duncan Cotterill
The court rejected the controversial "peak indebtedness" approach to calculating voidable transactions in a liquidation.
Chapman Tripp
This Court of Appeal decision dismissed two appeals on an issue that is significant for both liquidators and creditors.
Chapman Tripp
The case raises issues about the appropriate balance between promoting retirement savings and protecting creditor rights.
Chapman Tripp
Liquidation meetings are for unsecured creditors. A secured creditor has no vote, except in respect of debt that is unsecured.
Duncan Cotterill
The decision settles an issue which has caused considerable uncertainty for many businesses and insolvency practitioners.
Wynn Williams Lawyers
New value is not needed by creditors to rely on the section 296 defence to voidable transactions under the Companies Act.
Chapman Tripp
The Supreme Court has considerably expanded the "good faith" defence for voidable transactions in favour of creditors..
Chapman Tripp
Directors must be careful to ensure that a subsidiarys' interests are kept distinct from those of the parent company.
Chapman Tripp
These two court judgments which could significantly affect New Zealand's insolvent transactions regime are due out soon.
Chapman Tripp
We expect this trend of recent Australian decisions to enforce receivers' liens, may shape future policy in New Zealand.
Most Popular Recent Articles
Kemp Strang Lawyers
The article outlines what is a disclaimer, the effect on a mortgagee, and what can be done to resolve these problems.
Kott Gunning
A landlord's ability to recover money from a tenant in circumstances of insolvency is affected by the security they take,.
Corrs Chambers Westgarth
Without the PPSA transitional provisions, Central would not have been able to enforce its retention of title clauses.
Cooper Grace Ward
When selling company property, a controller must take all reasonable care to sell it for not less than its market value.
Kemp Strang Lawyers
The way that a liquidator or receiver accounts for the proceeds of assets may be significantly impacted by this appeal.
MNK Law Offices
One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
Nishith Desai Associates
The Supreme Court held that the provisions of the Sick Industrial Companies Act, 1985 shall prevail over the provision for the recovery of debts in the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
Singh & Associates
Banks in this era are not just economy's payment and settlement system.
Holding Redlich
This case demonstrates the strict statutory duty of directors to ensure that the company does not trade while insolvent.
Corrs Chambers Westgarth
Where a disputed debt could influence a company's solvency, it will be a material ground pursuant to s459S(2) of the Act.
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