Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
When determining if a DOCA is to be terminated, public interest can, and often will, outweigh any benefit to creditors.
Clayton Utz
A court will not blindly accept time-based remuneration, but prefers to consider the proportionality of the remuneration.
Mayer Brown JSM
The Honourable Mr Justice Harris, the incumbent Companies Judge, has continued the recent development of cross-border assistance in insolvency matters.
Mayer Brown JSM
A key factor contributing to the vitality and development of the common law is that judges can have the benefit of authorities from other jurisdictions with a comparable legal framework.
Mayer Brown JSM
Did you know that a scheme of arrangement can be used to reduce the creditor constituency in a liquidation, so that time and costs can be saved for the benefit of all parties?
Dhir & Dhir Associates
March 2016, there has been no new reference in the year 2015–2016 as the lenders have resorted to alternative mechanisms of restructuring rather than CDR.
HSA Advocates
The first and most significant feature of the Code is resolution of corporate insolvency within a 180 days' period, which is further extendable by 90 days.
S.S. Rana & Co. Advocates
The Enforcement of Security Interest and Recovery of Debt Laws and Miscellaneous Provisions (Amendment) Bill, 2016 is a welcome reposition of the existing framework...
Khaitan & Co
The enactment of the Code marks the beginning of a concerted effort to institute a streamlined, consolidated and time-bound insolvency resolution regime in India.
Singh & Associates
Insolvency is a term which has always been related to an individual or a company/business.
Phoenix Legal
From an investor's standpoint, a robust and effective bankruptcy regime is a prerequisite for the development of the corporate debt market.
Phoenix Legal
The NCLT was recently announced as the adjudicating authority for insolvency proceedings relating to companies, limited liability partnerships and other body corporates under the Insolvency and Bankruptcy Code 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...
Phoenix Legal
With increasing globalisation, there has been a surge in cross-border investment activity. In such a setting, issues of insolvency can have global ramifications.
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).
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.
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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
This High Court ruling provides important guidance on the operation of New Zealand's voluntary administration regime.
S.S. Rana & Co. Advocates
The constitution of the aforesaid Tribunals is in exercise of the powers conferred by Sections 408 and 410 respectively of the new Companies Act, 2013.
Trilegal
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.
Chapman Tripp
The Ministry of Business, Innovation and Employment (MBIE) is seeking submissions on the Working Group's recommendations.
Chapman Tripp
We expect further clarity to emerge as courts apply the Supreme Court principles in future voidable transaction cases.
Colin Biggers & Paisley
Suppliers should ensure that retention of title provisions are well drafted and registered as a security on the PPSR.
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).
LexCounsel Law Offices
The Code envisages that the insolvency resolution processes will be conducted by insolvency professionals.
Corrs Chambers Westgarth
S440J(1) does not prevent a creditor from continuing to pursue a proceeding begun before the company administration.
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