Asia: Insolvency/Bankruptcy/Re-Structuring

Rising corporate insolvencies are expected to increase personal bankruptcies, highlighting the need to understand bankruptcy's consequences.

FCC upheld that well-documented, commercially justified cross-company securities are valid & can't be undone by liquidators without clear proof of unreasonableness.

In a ruling that re-aligns the tension between social-security statutes and insolvency law, the National Company Law Appellate Tribunal (NCLAT), Principal Bench, New Delhi, has held that contributions collected by an employer for the Employees' State Insurance Corporation (ESIC) never become the property of the corporate debtor and must be ring-fenced from the liquidation estate.