Mondaq Asia Pacific: Insolvency/Bankruptcy, Re-structuring
Corrs Chambers Westgarth
The case considered the registration and perfection of a security interest when the grantor later became insolvent.
Clayton Utz
A section 439A report must contain all material information which is known or reasonably ascertainable by administrators.
Clayton Utz
Cross-collateralisation benefits available to a seller pre-Personal Property Securities Act may soon be available again.
Surry Partners
These cases were when a creditor sought a copy of the company's insurance policy, in existence and relevant to the claim.
Corrs Chambers Westgarth
The DOCA had extinguished the secured creditor's debt, even though the secured creditor had abstained from voting.
Clayton Utz
A DOCA can extinguish claims under a guarantee, even where those claims arise following the termination of the DOCA.
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).
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
This is a assessment of our previous review and our best guess of insolvency issues to dominate the next 12 months.
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.
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Cooper Grace Ward
The right option to recover your business debts will depend on the circumstances, so it is important to get good advice.
Clayton Utz
A DOCA can extinguish claims under a guarantee, even where those claims arise following the termination of the DOCA.
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.
Clayton Utz
However, part 5.3A of the Corporations Act is not the appropriate mechanism to be used to resolve shareholder disputes.
Colin Biggers & Paisley
Granting access to insurance policies violates a private relationship and must be contained within narrow guidelines.
Colin Biggers & Paisley
A liquidator can demand repayment of money if he can prove that the company was insolvent at the time of the payment.
MNK Law Offices
One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
Surry Partners
These cases were when a creditor sought a copy of the company's insurance policy, in existence and relevant to the claim.
Corrs Chambers Westgarth
The DOCA had extinguished the secured creditor's debt, even though the secured creditor had abstained from voting.
Corrs Chambers Westgarth
The court appointed an additional liquidator to conduct further investigations in a creditors' voluntary winding up.
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