Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
The decision provides some comfort for those administrators who have used, and intend to continue using, 'Holding DOCAs'.
Miller Thomson LLP
E-mail conversations are often relatively informal and the participants, especially when they are not lawyers, can take prior discussions as a "given" rather than fully and expressly repeating them.
Borden Ladner Gervais LLP
In Royal Bank of Canada v. Casselman, three motions were brought before the Court.
Alviar Gonzalez & Tolosa Abogados
Imagine que su grande, mediana o pequeña empresa está pasando por un problema económico y le debe a sus acreedores más de lo que le puede pagar.
TLT Solicitors
The European Commission has published forms to be used under the Recast European Insolvency Regulation (Recast EIR).
Advaya Legal
In World Bank's ranking on resolving insolvency, India stood 136th in 2016.
Singh & Associates
The Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the "Code") provides for a time-bound resolution process for insolvency and bankruptcy.
Nishith Desai Associates
In the most recent development in the ongoing battle against Non-Performing Assets ("NPA's"), the Gujrat High Court ("GHC") upheld the constitutionality of the RBI Press Note dated June 13, 2017...
Mason Hayes & Curran
The Court of Appeal has helpfully confirmed that a judgment creditor can seek an order appointing a receiver by way of equitable execution where:
EU Regulation 2015/848 of 20 May 2015 on insolvency proceeds ("New Regulation"), recasting the former Regulation (EC) 1346/2000 of 29 May 2000...
K&L Gates
It is true that there are statements of high judicial authority which can be cited to support the notion that a contractual claim can survive the payment in full of a proof based on that claim.
Spratt Endicott Solicitors
As of 1st October 2017, debt recovery and collections in both the commercial and consumer world is going to see a big change with the introduction of the debt recovery Pre-Action Protocol (‘PAP').
4 New Square Chambers
The liability of trustees in bankruptcy to bankrupts is a curiously under-developed area of law.
TLT Solicitors
The court has no jurisdiction to direct a bankrupt to waive privilege in any document, the High Court has ruled (Leeds v Lemos [2017] EWHC 1825 (Ch)).
United Advocates
The new UAE Federal Decree Law No. 9 of 2016 was finally approved by the UAE Cabinet on 4 September 2016.
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Jones Day
Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditor/shareholder risk allocation paradigm by categorically subordinating most types of claims...
Jones Day
The FDCPA prohibits debt collectors from using "any false, deceptive, or misleading representation or means in connection with the collection of any debt."
K&L Gates
Effective December 1, 2017, certain amendments to the Federal Rules of Bankruptcy Procedure recently adopted by the Supreme Court will impact the allowance of secured claims in bankruptcy.
Dickinson Wright PLLC
The supplier sought a judicial determination that its rights to the value of the goods and their proceeds were senior to those of the secured lenders.
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Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (IBC) has consolidated and amended the laws relating to reorganization and insolvency of corporate persons, partnership firms and individual firms.
Khaitan & Co
Pursuant to notification of the provisions relating to insolvency resolution and liquidation process under the Insolvency and Bankruptcy Code, 2016, several applications have been made to the NCLT...
Kott Gunning
Litigation over the Forge collapse generated a number of interesting and informative decisions in the insolvency area.
Erdem & Erdem Law
An exception to this general rule brought by Article 45/1 of Law No. 3568 is regulated under the third paragraph of the same article.
Erdem & Erdem Law
Both in the Turkish Code of Obligations ("TCO") and the Swiss Code of Obligations ("SCO"), the notion of unlikely debt repayment is regulated under two different parts.
The article provides guidance for directors facing financial difficulties, highlighting the importance of acting early.
Carroll & O'Dea
A creditor may avail itself of certain defences to a claim against it by a liquidator for unfair preference payments.
The recent amendments to the SARFAESI Act demonstrate the Indian government's commitment to put in place an efficacious system for dealing with bad debts and making debt recovery easier and effective.
Corrs Chambers Westgarth
The case discusses rights of a liquidator to funds paid into court as security by a company which then became insolvent.
Singh & Associates
The Insolvency And Bankruptc Y Code, 2016
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