Mondaq Asia Pacific: Insolvency/Bankruptcy, Re-structuring
Corrs Chambers Westgarth
The decision provides comfort to liquidators as to the ability of a court to make shelf orders at that particular time.
Kemp Strang Lawyers
This decision clarified the Corporations Act time limits for the commencement of proceedings for voidable transactions.
Corrs Chambers Westgarth
When payments are made prior to a bankruptcy in order to satisfy personal liabilities, the trustee should be indemnified.
CBP Lawyers
The courts will consider certain circumstances where third parties could recover payment in priority to other creditors.
Mayer Brown JSM
Bankruptcies and reorganizations are viewed in the People’s Republic of China as very much a practical issue.
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.
MNK Law Offices
One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
Dentons (United Kingdom)
The Law of the Republic of Kazakhstan No. 176-V "On Rehabilitation and Bankruptcy" dated 7 March 2014was amended as follows:
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.
Chapman Tripp
The decision was welcomed by insolvency practitioners after the Court of Appeal had previously upset industry practice.
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One typographical error is estimated to cost 250 people their jobs, and a UK government department almost GBP 9 million.
Cooper Grace Ward
A debtor can have a statutory demand set aside if there is a genuine dispute as to the existence or amount of the debt.
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.
HHG Legal Group
The BFLAA now gives the Family Court power to make orders about property which has vested in a Trustee in bankruptcy.
Kemp Strang Lawyers
This decision clarified the Corporations Act time limits for the commencement of proceedings for voidable transactions.
Corrs Chambers Westgarth
When payments are made prior to a bankruptcy in order to satisfy personal liabilities, the trustee should be indemnified.
Norton Rose Fulbright Australia
The case provided certainty for companies in liquidation seeking to recover interim entitlements under the SOP Act (Vic).
Chapman Tripp
The Supreme Court has considerably expanded the "good faith" defence for voidable transactions in favour of creditors..
Clayton Utz
Principals dealing with insolvent downstream companies should ensure they can properly substantiate any counterclaims.
CBP Lawyers
The courts will consider certain circumstances where third parties could recover payment in priority to other creditors.
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