Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Administrators and liquidators owe a duty of care to guarantors of the company when realising the company's assets.
Cooper Grace Ward
Unless the controversy of section 553C setoff is otherwise determined, the Rexel decision may continue to be relied upon.
In a much anticipated judgment, the Court of Appeal of the Supreme Court of NSW has delivered good news for insolvency practitioners concerning their remuneration.
BRI Ferrier
Courts, through judicial discretion, supervise the proposed transition from winding up to a deed of company arrangement.
Rechtsanwalt Christian Moritz
Brazilian business insolvency law offers debtors, their creditors as well as potential investors in distressed assets a broad range of options.
Langlois lawyers, LLP
In its decision in Arrangement relatif Mtaux Kitco inc. 2017 QCCA 268, rendered on February 20th, the Quebec Court of Appeal upheld a Quebec Superior Court decision prohibiting Revenu Qubec...
Blake, Cassels & Graydon LLP
Lightstream is a light oil-focused exploration and production company, operating primarily in Alberta and Saskatchewan.
Maples and Calder
In CHC Group Ltd ("CHC") the Cayman Islands Grand Court has determined that, in certain circumstances...
Mayer Brown JSM
Experienced insolvency practitioners in Hong Kong are all familiar with Hong Kong Court of Appeal's decision of 1 March 2006 in the liquidation of Legend International Resorts Limited.
Khaitan & Co
The Board constituted under the chairmanship of Mr MS Sahoo has recently rejected an application for registration as an insolvency professional (IP) under regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Professionals) Regulations, 2016 (IP Regulations) through its first regulatory order.
Chapman Tripp
Under the New Zealand PPSA, GE's interest would not have been entirely lost but its priority could have been affected.
Reed Smith (Worldwide)
The consultation seeks feedback on proposed changes to the CASS rules affecting the return of client assets in light of the Regulations.
Taylor Wessing
Three Jersey companies were put into English administration on the basis that their COMI was within this jurisdiction.
Taylor Wessing
Trustees in bankruptcy issued an application for a declaration that a property owned by a company (the Property) was in fact owned by the bankrupt.
Reed Smith (Worldwide)
The recent case of South Coast Construction provides a helpful insight into the court's treatment of applications for permission to continue proceedings during the administration moratorium.
Taylor Wessing
A firm of solicitors borrowed money from the Respondent fund.
Debenhams Ottaway
A company is considered insolvent if it cannot pay its debts as and when they fall due.
Troutman Sanders LLP
In January 2017, a bill was introduced in the New York State Assembly to repeal New York's version of the UFCA and replace it with the UVTA, adopted by the Uniform Law Commission in 2014.
Carlton Fields
Two separate courts in the Southern District of New York have recently issued opinions relating to a complicated bankruptcy proceeding following the collapse of MF Global Holdings Ltd. in 2011.
Burns & Levinson LLP
When entering into a new venture, it is not uncommon for a new legal entity to be formed in order to insulate an existing company from the liabilities associated with the new business.
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The Insolvency and Bankruptcy Code passed by the Parliament is a welcome overhaul of the existing framework dealing with insolvency of corporates, individuals, partnerships and other entities.
The decision reinforces the need for creditors to properly register their security interests to protect their collateral.
S.S. Rana & Co. Advocates
The constitution of the aforesaid Tribunals is in exercise of the powers conferred by Sections 408 and 410 respectively of the new Companies Act, 2013.
Surry Partners
Insolvency usually gives rise to both legal and financial issues.
Milbank, Tweed, Hadley & McCloy LLP
On January 6, Avanti Communications (Avanti) announced that its financial restructuring plan was approved by 91.85% of its bondholders, clearing the 90% threshold required for the plan to be executed.
It's no secret that the Indian banking industry has a rather large number of loans outstanding that have simply gone wrong.
Khaitan & Co
As a demonstration of India's combined political will, the much awaited and debated Insolvency and Bankruptcy Code, 2016 was passed by the Upper House of the Parliament on 11 May 2016 (shortly after being passed by the Lower House on 5 May 2016).
Singh & Associates
Insolvency is a term which has always been related to an individual or a company/business.
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...
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.
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