Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
Carroll & O'Dea
A creditor may avail itself of certain defences to a claim against it by a liquidator for unfair preference payments.
Corrs Chambers Westgarth
This case considers if payments made by a third party to a company's creditors could be recovered as unfair preferences.
Madgwicks
This article discusses how section 551 applies under the changes to the Corporations Act 2001 after 1 September 2017.
BRI Ferrier
The Rambaldi case considered Quistclose trusts, third party payments and preference recoveries in a bankruptcy context.
Watson & Band Law Offices
[摘要]在破产案件中,管理人接收债权人递交的债权申报材料后,需对债权人所申报债权在合法性、真实性、有效性进行核查,其中,所谓的对&#
Watson & Band Law Offices
[Abstract] In bankruptcy cases, an administrator needs to examine claims declared by creditors and verify that they are legal, authentic and valid after receiving supporting evidence from these creditors.
Singh & Associates
The Insolvency And Bankruptc Y Code, 2016
Dhaval Vussonji & Associates
When Benjamin Franklin said "Time is Money" he certainly meant that time is a valuable asset and we must make it count.
Dhir & Dhir Associates
While India Inc. has been bestowed with one of the much required and appreciated rules via the IBC 2016 code, there have been several questions that the industry has come up with.
Dhir & Dhir Associates
Until the recent past, the Indian legal framework, to deal with restructuring and insolvency was fragmented across multiple legislations viz. the Companies Act, 1956, the Sick Industrial Companies...
Nishith Desai Associates
What is the scope and ambit of the terms "dispute" and "existence of dispute" for determining the maintainability of an application filed by an Operational Creditor under Section 9 read with section 5 and 8 of the I&B Code?
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.
Singh & Associates
The Indian Insolvency and Bankruptcy Code, 2016 (Code), which came into effect on May 28 2016 provides a consolidated framework for the insolvency of companies, limited and unlimited liability partnerships...
LexCounsel Law Offices
In the aforesaid case before the Appellate Tribunal, the appeal had arisen out of an order of the Tribunal (Mumbai bench) rejecting the insolvency application filed by an operational creditor.
Singh & Associates
Insolvency and Bankruptcy Code 2016 (I & B Code 2016) was published in the Gazette of India on 28th May 2016.
Desai & Diwanji
In the context of initiating insolvency resolution by an operational creditor against a corporate debtor under section 8 of the Insolvency and Bankruptcy Code, 2016 ("IBC"), a corporate debtor can...
Nishith Desai Associates
Ordinance amends the Banking Regulation Act, 1949 empowers RBI to direct banks to resolve specific stressed assets and initiate Insolvency Resolution Process...
Phoenix Legal
Before we proceed further, let us take a look at the relevant provisions of the Code:
Khaitan & Co
The term ‘dispute' assumes great importance under the Insolvency and Bankruptcy Code, 2016.
Trilegal
The NCLAT has recently passed a significant ruling which impacts the timelines for insolvency resolution under the new Insolvency & Bankruptcy Code.
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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...
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.
Singh & Associates
Insolvency is a term which has always been related to an individual or a company/business.
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.
Luthra & Luthra Law Offices
On 21 June, the Securities and Exchange Board of India ("SEBI") inter-alia, approved proposals to:
Singh & Associates
Insolvency and Bankruptcy Code 2016 (I & B Code 2016) was published in the Gazette of India on 28th May 2016.
Colin Biggers & Paisley
This judge's reasoning regarding the liability of a liquidator might also apply to administrators and to receivers.
Corrs Chambers Westgarth
If the interests are in all other respects equal, priority in time of creation is considered to give the better equity.
LexCounsel Law Offices
In the aforesaid case before the Appellate Tribunal, the appeal had arisen out of an order of the Tribunal (Mumbai bench) rejecting the insolvency application filed by an operational creditor.
Madgwicks
Liquidators are not exempt from the public's eye and this case has emphasised the broad nature of public examinations.
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