Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Norton Rose Fulbright Australia
The Court was not satisfied that the administrators were entitled to an equitable lien of the kind and in that amount.
Cooper Grace Ward
A claim for set-off is not available if, at the time of giving credit to the company, the person knew of the insolvency.
Holman Webb
Federal Court confirms that a set-off under section 553C of the Corporations Act can be utilised in an unfair preference claim.
Corrs Chambers Westgarth
Ponzi scheme investors unsuccessfully sought to have the remaining funds in the bank accounts pooled for distribution.
Madgwicks
The Administrators were not entitled to charge the owners of goods to retrieve their unsold items from the auction house.
Bartier Perry
Company directors have 'safe harbour' protection from insolvent trading claims while they develop plans to restructure.
Maples and Calder
The Cayman Islands continues to be a jurisdiction of choice for the establishment of investment funds, portfolio investment companies and corporate vehicles ...
Khaitan & Co
On 27 March 2018, the Insolvency and Bankruptcy Board of India (IBBI) notified the Insolvency and Bankruptcy Board Of India (Liquidation Process) (Amendment) Regulations, 2018 (Amendment).
Dhir & Dhir Associates
On 6th March, 2018, the NCLAT, in the matter SBI VS SKC Retails Ltd. through IRP & anr., held that the Applicant is liable to incur the expenses of resolution professional as per sub-regulation...
Nishith Desai Associates
Our expertise and opinion is regarded as an authority amongst the upper echelons of international law.
CMS Adonnino Ascoli & Cavasola Scamoni
The CMS in Italy Banking and Finance Department, under the patronage of the British Chamber of Commerce for Italy, has published a valuable and innovative guide on the Italian reform of national insolvency and pre-insolvency procedures.
Wynn Williams Lawyers
These cases discuss liquidation orders on a Pickwick basis, personal guarantees, disputed debt and statutory demands.
Dentons
What is a fair and just method of distribution of an insolvent company's assets amongst creditors if its assets have been commingled into a single mixed bulk ...
Foley & Lardner
The United States Bankruptcy Court for the District of Delaware recently issued an opinion discussing the tension between using bankruptcy as a legitimate tool to maximize value versus using bankruptcy...
Caplin & Drysdale
Recent caselaw demonstrates that there is a current judicial disagreement over whether the Bankruptcy Code will permit a cramdown in a jointly-administered bankruptcy case...
Jones Day
The ability of a trustee or chapter 11 debtor-in-possession to avoid fraudulent or preferential transfers is a fundamental part of U.S. bankruptcy law.
Jones Day
In Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the U.S. Supreme Court held that the Bankruptcy Code does not allow bankruptcy courts to approve distributions ...
Jones Day
In determining whether a U.S. bankruptcy court should provide the representative of a foreign debtor with various forms of assistance in a case under chapter 15 of the Bankruptcy Code ...
Fredrikson & Byron, P.A.
In a February 2018 ruling, the United States Supreme Court narrowed one of the safe harbors for fraudulent transfer and other avoidance actions.
Jones Day
In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark...
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ClarkeKann Lawyers
PBAs are trust accounts, intended to protect down the line subcontractors from the insolvency of up the line contractors.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
Khurana and Khurana
The Corporate Debtor/Respondent (Uttam Galva Metallics) defaulted in the payment to the Operational Creditor/Appellant (Macquarie Bank) amounting to USD 6,321,337 equivalent to Rs. 43,11,15,190.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
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.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Worrells Solvency & Forensic Accountants
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
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