Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
Cooper Grace Ward
An unpaid seller should immediately issue a notice of stoppage in transit, complying with relevant state legislation.
Corrs Chambers Westgarth
The Court considered the potential prejudice to creditors in extending the time for registration of security interests.
Watson & Band Law Offices
Watson & Band Law Offices
[Abstract] In bankruptcy cases, an administrator needs to examine claims declared by creditors and verify that they are legal, authentic and valid after receiving supporting evidence from these creditors.
LexCounsel Law Offices
In the aforesaid case before the Appellate Tribunal, the appeal had arisen out of an order of the Tribunal (Mumbai bench) rejecting the insolvency application filed by an operational creditor.
Singh & Associates
Insolvency and Bankruptcy Code 2016 (I & B Code 2016) was published in the Gazette of India on 28th May 2016.
Desai & Diwanji
In the context of initiating insolvency resolution by an operational creditor against a corporate debtor under section 8 of the Insolvency and Bankruptcy Code, 2016 ("IBC"), a corporate debtor can...
Nishith Desai Associates
Ordinance amends the Banking Regulation Act, 1949 empowers RBI to direct banks to resolve specific stressed assets and initiate Insolvency Resolution Process...
Phoenix Legal
Before we proceed further, let us take a look at the relevant provisions of the Code:
Khaitan & Co
The term ‘dispute' assumes great importance under the Insolvency and Bankruptcy Code, 2016.
The NCLAT has recently passed a significant ruling which impacts the timelines for insolvency resolution under the new Insolvency & Bankruptcy Code.
Khaitan & Co
On 5 May 2017, a day after the recent Banking Regulation (Amendment) Ordinance, 2017 (Ordinance) received Presidential assent, the Reserve Bank of India issued a circular on...
Khaitan & Co
There is immense litigation initiated by auction purchasers, who are fastened with liability relating to outstanding dues of the Company in liquidation, in respect of the property / asset being put to auction by the Official Liquidator.
LexCounsel Law Offices
With the above observations, the Bench admitted the insolvency application.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Board of India has notified the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 ("New Regulations") on March 31, 2017.
Khaitan & Co
On 30 March 2017, the Central Government notified 1 April 2017 as the appointment date for implementation of, inter alia, substantive provisions of Chapter V of the Insolvency and Bankruptcy Code...
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code ("IBC") Bill has been passed by both the Houses of Parliament and has received the assent of the President on May 28, 2016.
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Board of India (‘IBBI') was established under Insolvency and Bankruptcy Code, 2016 (‘Code').
SKP Business Consulting LLP
The Insolvency and Bankruptcy Code, 2016 (the Code) has consolidated the insolvency, bankruptcy and liquidation laws for companies, partnerships firms, limited liabilities partnerships and individuals in India, which came into effect on 28 May 2016.
Dhir & Dhir Associates
This has adversely affected the economy at large leading to blockage in huge amounts of capital, which could be deployed for other productive purposes...
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Holding Redlich
The consultation paper suggests that Government will crack down on phoenix activity and corporate restructuring rorts.
Wynn Williams Lawyers
The Government's Insolvency Working Group has this week issued its second report.
Pointon Partners
Creditors will soon have extra powers at their disposal in terms of their participation in external administrations.
Corrs Chambers Westgarth
The article looks at the FEG scheme cost blowout, what options are available and what approach might be most effective.
Colin Biggers & Paisley
Creditors of a company have been given broad new powers to remove the external administrator without the need for court.
Cooper Grace Ward
Competing claims to goods are common where there is an unpaid seller, external administration and a transport provider.
Clayton Utz
This decision clarifies the limitations of set-off in a liquidation scenario and a security interest under the PPSA.
Colin Biggers & Paisley
This judge's reasoning regarding the liability of a liquidator might also apply to administrators and to receivers.
Corrs Chambers Westgarth
If the interests are in all other respects equal, priority in time of creation is considered to give the better equity.
At times, additional transactions may be added to an existing unfair preference claim after the expiry of the time limit.
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