Mondaq Asia Pacific: Insolvency/Bankruptcy, Re-structuring
CBP Lawyers
Creditors can make a statutory demand under section 459E of the Corporations Act as long as the debt is due and payable.
DibbsBarker
The recommendation encourages these firms to undertake restructuring efforts in the context of greater creditor support.
Corrs Chambers Westgarth
This recent Federal Court decision clarified the power of receivers to administer trust property under a debenture.
Kott Gunning
A possible obligation to pay income tax in the future does not trigger a retention obligation for the liquidators.
Kemp Strang Lawyers
The insolvency practitioner was able to realise trust assets to pay a trustee's liabilities – 'other peoples' money'.
Corrs Chambers Westgarth
The slip rule could be available to extend the time limit within which a winding up application may be determined.
Mayer Brown JSM
Bankruptcies and reorganizations are viewed in the People’s Republic of China as very much a practical issue.
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.
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.
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
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.
Chapman Tripp
The decision was welcomed by insolvency practitioners after the Court of Appeal had previously upset industry practice.
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.
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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.
Nishith Desai Associates
A foreign decree has to satisfy the test prescribed by Section 13 of the CPC for it to be conclusive and executed in India.
Kott Gunning
The Court granted leave on the grounds that there was a real prospect that the company may have breached the OSH Act.
CBP Lawyers
Liquidation or winding-up is the process when a company's assets are liquidated and a company is closed or deregistered,.
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
The rapid growth of global economy has led to widespread international trade and this expansion in international trade has brought with it increasing possibilities of cross border insolvency proceedings.
Nishith Desai Associates
The Supreme Court of India has held that in the event of liquidation of a company, claims of employees have to be considered by the Official Liquidator of the company and not by the Debt Recovery Tribunal.
Bartier Perry
A trustee in bankruptcy (or a liquidator in an insolvency) has wide ranging powers to seek orders to claw back assets.
Carroll & O'Dea
The judge held that the period of receivership should be ignored in order to determine the expiry of a limitation period.
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