Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
Failure to properly obtain creditor approval of remuneration can have dire consequences for insolvency practitioners.
Solomon Harris
The Judicial Committee of the Privy Council (the ‘Privy Council') delivered its decision in the latest round of Madoff litigation on 20 May 2019.
Torys LLP
The Ontario Court of Appeal (OCA) has released its much-anticipated decision in Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc. (2019 ONCA 508).
McCarthy Tétrault LLP
In a 2018 judgment discussed here, the Alberta Court of Queen's Bench held that, by virtue of s. 348 of the Municipal Government Act, municipal tax claims could take priority over a Receiver's charge
Walkers
开曼群岛大法院在最近公布的法院判决中对外国法院或外国政府机构指定的破产财产接管人在开曼群岛申请认可作出了解释。
SMARTLEGAL Schmidt&Partners
You should not start liquidation because you want to destruct the debtor financially.
Dhaval Vussonji & Associates
In contrast, the definition of operational debt is exhaustive in nature to mean inter alia a claim in respect of the provision of goods or services including employment.
Cleary Gottlieb Steen & Hamilton LLP
The continuing economic liberalisation of India – begun in the 1990s – has seen it become the world's fastest growing major economy.
Walkers
Irish court-sanctioned $1.65bn cross border restructuring recognised by US Bankruptcy Court.
Cleary Gottlieb Steen & Hamilton LLP
CVAs have come to the fore recently as increasing number of retailers and casual dining restaurants are turning to CVAs to restructure their rental obligations.
Jones Day
The Supreme Court agreed to hear the case to resolve a circuit split on the issue.
Kirkland & Ellis International LLP
In this article, the authors discuss the successful going-concern sale of mall-based retailer Things Remembered,
Jones Day
In SummitBridge Nat'l Invs. III, LLC v. Faison, 915 F.3d 288 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit ruled that an unsecured or undersecured creditor may include postpetition attorney's fees ...
Jones Day
Several bankruptcy and appellate courts have addressed this issue in recent years, with inconsistent results.
Thompson Coburn LLP
On June 3, 2019, the U.S. Supreme Court clarified the standard for holding a creditor in contempt for attempts to collect a debt from someone who previously received a bankruptcy discharge.
Arnold & Porter
One of the debtor real estate holding companies leased property to a company that used the property to grow marijuana.
Smith Gambrell & Russell LLP
On May 20, 2019, in deciding Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, the U.S. Supreme Court settled a circuit split regarding an unresolved legal issue ...
Davis & Gilbert
Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee's rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement.
Kramer Levin Naftalis & Frankel LLP
In response to the increasing prevalence of general partner (GP)-led secondary fund restructurings, the Institutional Limited Partners Association (ILPA) has released guidance regarding this practice.
Orrick
Buyer first argued that the anti-assignment clause could not invalidate the transfer as a matter of Delaware law.
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VGC Law Firm
The same have been briefly discussed in the present article.
AMLEGALS
The amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause.
Nishith Desai Associates
With almost two years since the introduction of the Insolvency and Bankruptcy Code, 2016 ("IBC" and "Code"), there have been various challenges in the effective implementation of the Code.
VGC Law Firm
It is apparent from the ongoing practice that IRPs consider the date of receipt of order as the date of the appointment.
Watson Goepel LLP
The use of trusts and other vehicles for business and asset protection purposes is a long-standing practice.
Dhaval Vussonji & Associates
In our earlier article titled, "Homebuyers now Financial Creditors: Too many cooks spoil the resolution process?", we analysed the impact of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, ...
Clarus Law Associates
On 11.10.2018, a division bench of the Hon'ble Supreme Court of India comprising of Justice R.F. Nariman and Justice Navin Sinha in the matter of B.K. Educational Services Private Limited v Parag Gupta And Associates, ...
King, Stubb & Kasiva
In case of cash flow insolvency the company is unable to pay debt as it falls due and in balance sheet insolvency the total liability exceeds its realisable assets.
Cyril Amarchand Mangaldas
The Reserve Bank of India ("RBI") has issued the Reserve Bank of India Directions, 2019 on June 07, 2019[1] in which the RBI has continued the core principles of its circular dated February 12, 2018...
IndusLaw
The Specific Relief (Amendment) Act, 2018 (the "Amendment Act") amending the provisions of the Specific Relief Act, 1963 (the "Act") came into force on August 1, 2018.
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