Mondaq Asia Pacific: Insolvency/Bankruptcy, Re-structuring
HopgoodGanim
Despite this decision in Robson, members of management committees should take care in the exercise of their roles.
Corrs Chambers Westgarth
The Cross-Border Insolvency Act can ensure the cost-effective and efficient administration of a cross-border insolvency.
DibbsBarker
There are still complexities in the interplay between local insolvency laws and the Model Law on Cross-Border Insolvency.
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
The Law of the Republic of Kazakhstan No. 176-V "On Rehabilitation and Bankruptcy" dated 7 March 2014was amended as follows:
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.
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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Corrs Chambers Westgarth
The judge found that the plaintiff was a shadow / de facto director when the debts were incurred, so ordered him to pay.
Corrs Chambers Westgarth
The High Court decided there is no term of "trust and confidence" implied by law in employment contracts in Australia.
HHG Legal Group
Payment rights in construction contracts conflict and compete with each other for priority, particularly in insolvency.
Singh & Associates
Banks in this era are not just economy's payment and settlement system.
MNK Law Offices
One of the mechanisms employed to hedge investment risks in a private equity transaction is that of a liquidation preference.
Cooper Grace Ward
The issue was whether directors had breached fiduciary duties, entitling the company to have the transaction set aside.
DibbsBarker
There are still complexities in the interplay between local insolvency laws and the Model Law on Cross-Border Insolvency.
CBP Lawyers
Courts will not grant further extensions to liquidators if second application to void a transaction is made too late.
Norton Rose Fulbright Australia
Some recommendations from a major review of US Chapter 11 bankruptcy are relevant to Australian insolvency law reform.
BRE Lawyers
This Federal Court decision involved an application for recognition in Australia of a foreign insolvency proceeding.
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