Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Cooper Grace Ward
Commercial contract managers should review all existing contracts now, to protect their legitimate commercial interests.
Clayton Utz
The proposed changes will affect insolvency practitioners, restructuring advisers, company directors and creditors.
Kott Gunning
Failure by the company to register its interest on the PPSR in equipment it leased resulted in a loss of the equipment.
BRI Ferrier
Legislative changes impact the way that the liquidation process is conducted for both insolvent and solvent companies.
Sparke Helmore Lawyers
The Bill protects directors to pursue entrepreneurial and innovative restructuring approaches for struggling companies.
Pointon Partners
The Bankruptcy Court may be obliged to go behind the judgement to satisfy itself that the claimed debt is truly owing.
Cascione, Pulino, Boulos & Santos Advogados
O recurso crescente a recuperações judiciais no Brasil tem chamado a atenção para o fenômeno denominado de consolidação substancial.
Miller Thomson LLP
Sun Life intente en 2005, un recours contre Technique Acoustique en vue de récupérer les sommes qu'elle a dû débourser pour la réparation d'un immeuble construit par la débitrice.
Blake, Cassels & Graydon LLP
This is the second instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders.
Singh & Associates
According to the World Bank Report of Doing Business, the insolvency resolution process in India is complex, time consuming and expensive due to presence of multiple laws.
Singh & Associates
Not so long, all the creditors, as well as the debtors were welcoming the move of the legislature in introducing the now most complicated Insolvency and Bankruptcy Code, 2016 but now everybody has realized that the code ...
Singh & Associates
The law is still crystallizing the fact as to which entities can come under the respective categories for initiation of CIRP as mentioned above.
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Code, 2016 (the "Code") was passed by the Parliament on May 5, 2016 and received the assent of the President of India on May 28, 2016.
Singh & Associates
The Insolvency and Bankruptcy Code, 2016 passed by the Parliament is a welcome overhaul of the existing framework dealing with insolvency of corporate, individuals, partnerships and other entities.
Nishith Desai Associates
The Supreme Court of India ("Supreme Court") in Mobilox Innovations Private Limited ("Mobilox") Vs. Kirusa Software Private Limited ("Kirusa") has finally settled the issue regarding the interpretation of ‘dispute in existence' under the Insolvency and Bankruptcy Code, 2016 ("the Code") providing much relief and clarity to operational debtors who may have a genuine dispute regarding the debt, but may not have yet initiated legal proceedings.
Chapman Tripp
This WA decision may have overturned the hitherto accepted view that set-off remains effective against a receiver.
Alrud Law Firm
According to the Ruling the parties may establish in their agreement the procedure for confirming the powers of the creditor's representative.
Sheppard Mullin Richter & Hampton
In In re Spanish Peaks Holdings II, LLC, Case No. 15-35572 (9th Cir. Sept. 12, 2017), the Ninth Circuit Court of Appeals held that a bankruptcy trustee may use Section 363(f) of the Bankruptcy Code...
Troutman Sanders LLP
On September 18, in an en banc review, the Court of Appeals for the Eleventh Circuit overruled, in part, seminal cases Barger v. City of Cartersville, 348 F.3d 1289 (11th Cir. 2003) and...
Warner Norcross & Judd LLP
Most companies extend unsecured credit to their customers as a routine and often daily part of their business—a supplier ships parts to its customer along with an invoice and, at some point thereafter...
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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.
Worrells Solvency & Forensic Accountants
When it comes to acronyms, initialisms, and abbreviations, the insolvency industry is no different to other industries.
Clayton Utz
Directors should get guidance on how safe harbour reforms could affect a business and review long-term supply contracts.
Worrells Solvency & Forensic Accountants
Most pre-insolvency advisor activity is now centred around director misconduct, and not illegal phoenix activity.
Jones Day
In Mighty River International Ltd v Hughes [2017] WASCA 152, the Western Australian Court of Appeal delivered a landmark decision approving the use of a "holding" deed of company arrangement ("DOCA").
Corrs Chambers Westgarth
Notwithstanding the arrangement for deferral of payment, the creditor suffered a loss in the amount of unpaid invoices.
Clayton Utz
To perfect a security interest by possession, a secured party must have actual or apparent possession of the property.
Pointon Partners
The operation of the safe harbour will drastically change the way that directors approach a company's solvency issues.
Corrs Chambers Westgarth
The Federal Court recently considered whether a security interest could be perfected by the appointment of receivers.
Worrells Solvency & Forensic Accountants
The Bankruptcy Act prescribes that the 3-year bankruptcy period does not commence until a Statement of Affairs is filed.
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