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Insolvency
Australia
Rostron Carlyle Rojas
More insolvency appointments are expected once the ATO debt collection activity resumes. Includes link to ASIC statistics.
Corrs Chambers Westgarth
Recent Federal Court decision on s477(2B) Corporations Act considered here.
Corrs Chambers Westgarth
Considers recent contract dispute where company was found insolvent despite its subsequent survival.
Bartier Perry
The first in a series of articles to examine how companies can benefit from the debtor in control restructuring process.
Madgwicks
This recent case is a reminder of the high threshold required to prove solvency when faced with a statutory demand.
Corrs Chambers Westgarth
This case confirms the approach for liquidators of trustee companies that have ceased to be trustees from liquidation.
KordaMentha
Border closures, recruitment and supply chain delays are expected to be the most significant pressures for businesses.
Cathro & Partners
How failure to maintain records can expose directors to personal liability if a liquidator is appointed.
Canada
McCarthy Tétrault LLP
In the matter of the Companies' Creditors Arrangement Act (the "CCAA") of Bloom Lake, the Superior Court of Québec rendered a judgment regarding the expansion of the powers of the monitor in a context where a creditor refused to produce documentation requested by the debtors.
Blake, Cassels & Graydon LLP
A Comparison of the Key Differences Between Chapter 11 of the U.S. Bankruptcy Code and the Companies' Creditors Arrangement Act.
Gowling WLG
In this series, you will meet a number of practitioners in our Toronto office who have helped their clients overcome a variety of complex legal obstacles.
France
Willkie Farr & Gallagher LLP
After the "Dutch scheme"1 and the "German scheme"2 entered into force at the beginning of 2021, France has now published its much-anticipated transposition of the European directive of 20 June 2019...
Guernsey
Collas Crill
There are two ways in which the Guernsey Royal Court can provide assistance to foreign insolvency practitioners...
Hong Kong
Walkers
In Singularis, as is well known, the Privy Council Board considered the doctrine of modified universalism whereby, broadly speaking, a court will give such assistance as it can to foreign insolvency proceedings, ...
India
HSA Advocates
In exercise of the powers conferred by Clause (t) of sub-Section (1) of Section 196 read with Section 240 of the Insolvency and Bankruptcy Code, 2016 (31 of 2016) (IBC)...
Phoenix Legal
In recent times, several noteworthy judgments have been rendered by the Indian courts and tribunals in matters involving the insolvency law framework.
Tuli & Co
The Supreme Court has held that the National Company Law Appellate Tribunal (NCLAT) does not have the jurisdiction or power to condone a delay exceeding 15 days in any appeal filed against a...
Acuity Law
This newsletter covers key updates about developments in the Insolvency Law during the month of September 2021.
Acuity Law
This newsletter covers key updates about the developments in Indian Insolvency laws during the month of July 2021.
ZBA
Filing of personal insolvency against a personal guarantor is to be filed before the same NCLT as the corporate debtor.
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