LATEST ARTICLES
Australia
Corrs Chambers Westgarth
Complex and multinational schemes are likely to mean that liquidators require extra time to commence proceedings.
Rostron Carlyle Rojas
Liquidation should be a last resort to financial difficulties, so consider these steps first.
Worrells
The Small Business Restructuring (SBR) program was introduced to assist businesses facing financial difficulties.
Worrells
Issuing a DPN is one way the ATO seeks to compel a director to comply with tax and superannuation obligations.
Coleman Greig Lawyers
Phoenixing is liquidating a company to avoid debts and then resurrecting the business via a separate entity.
Worrells
Directors need to understand the personal ramifications if their company does not pay the DPN liability.
Worrells
Considerations from two SBR plans accepted by the ATO, as the sole or major creditor.
Bennett & Philp Lawyers
These decisions were all ex tempore but they provide useful guidance on the court process of company liquidation.
Hong Kong
Conyers
Is it possible for a debtor company to issue debt (such as bonds) and contractually agree for that debt to rank lower in priority than debts owed by a company to other unsecured creditors?
Harneys
In the recent decision of In the Matter of Bo Run SPC, the Grand Court of the Cayman Islands considered whether it was permissible to file a composite petition to appoint receivers...
Harneys
In the recent Hong Kong decision of Re Primlaks (H.K.) Ltd (In Liquidation), the High Court confirmed the liquidators' decision to reject the applicant's proof of debt (POD)...
Appleby
This Restructuring Officer (RO) regime came into force in August 2022 and since then we have seen a handful of petitions for the appointment of ROs come before the Grand Court.
Harneys
We sat down with Hong Kong Partner Calvin Chow, who recently joined Harneys from a local onshore firm to get to know him a bit better.
India
AJA Legal
The Insolvency and Bankruptcy Code, 2016 introduced a paradigm shift in India's insolvency regime by establishing a structured framework, offering a structured path for resolving distressed assets.
Argus Partners
The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ...
Argus Partners
The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ...
Khurana and Khurana
The classification of financial and operational debts within the context of insolvency proceedings presents a complex legal landscape that demands scrutiny and nuanced interpretation.
Argus Partners
On February 15, 2024, the Insolvency and Bankruptcy Board of India ("IBBI") amended the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 vide the Insolvency and Bankruptcy Board of India Regulations, 2024.
S&R Associates
The decision of the Bombay High Court (the "High Court") in Shiv Charan and Ors. v. Adjudicating Authority and Ors. ("Shiv Charan") has clarified the protection afforded to resolution applicants...
Argus Partners
On January 31, 2024, the Insolvency and Bankruptcy Board of India ("IBBI") amended the IBBI (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019.
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