Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Goldman Sloan Nash & Haber LLP
The Court of Appeal's decision firmly establishes that these trusts can be effective after bankruptcy.
McCarthy Tétrault LLP
The priority debate between secured creditors and taxation authorities is not limited to claims arising under the ETA.
Lenczner Slaght LLP
A five-judge panel of the Court of Appeal for Ontario has upset the long-standing conventional wisdom among bankruptcy and insolvency practitioners ...
Fasken (French)
Le 10 décembre 2018, la Cour supérieure du Québec (la « Cour ») a rendu un jugement important en matière de cession de contrats en vertu de la Loi sur les arrangements avec les créanciers des compagnies
Walkers
In the recent judgment In the matter of Abraaj Holdings (FSD 95 of 2018, Unreported 4 January 2019), the Grand Court of the Cayman Islands clarified that petitioning creditors in insolvency
SKW Schwarz
Durch die Anfechtungsreform des Jahres 2017 sind Gläubiger in Teilbereichen besser gegen Insolvenzanfechtungen von Insolvenzverwaltern geschützt worden.
Carey Olsen
2018 saw a number of high profile insolvencies around the world, including in Guernsey. The climate for many sectors remains extremely challenging with the UK further hindered ...
M Mulla Associates
Recently the Bombay High Court, in Tayal Cotton (P.) Ltd. Vs. State of Maharashtra discussed whether moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016 includes criminal proceeding within its ambit.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 is considered as an important legislation for early detection of financial sickness of any corporate debtor and to deal with such sickness in a time bound manner ...
AMLEGALS
This appeal has been preferred by Mr. Ashok B. Jiwrajka erstwhile ‘Director' of ‘Alok Industries Limited' against the order passed by the National Company Law Tribunal, Mumbai Bench on 24.10.2018.
Singh & Associates
The law of insolvency and bankruptcy is in its evolving phase, learning from the past slipups and longing for its improvement for the future.
AMLEGALS
This appeal has been preferred by Mr. Sanjay Kumar Ruia (herein after referred to as Appellant) erstwhile 'Resolution Professional' of 'S.N. Plumbing Private Limited' against the order passed by the NCLT, Mumbai.
IndiaLaw LLP
In a recent judgment delivered by the Hon'ble Supreme Court presided by the division bench of R.F. Nariman J. And M.R. Shah J. dated 12th December 2018 in Jaipur Metals and Electricals Employees
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
IndiaLaw LLP
In a judgment with far reaching consequences in Brilliant Alloys Private Limited Vs. Mr. S. Rajagopal & Ors, a bench of the Supreme Court consisting of Mr. J Rohinton Fali Nariman and Mr. J Navin Sinha
Thompson Coburn LLP
In a recent decision, the U.S. Bankruptcy Court in the Northern District of Illinois strictly enforced a subordination agreement to prevent ...
Morrison & Foerster LLP
The introduction of a special insolvency regime for university education and sixth form colleges in England and Wales ("Colleges") ...
Moritt, Hock & Hamroff LLP
Moritt Hock & Hamroff counsel Theresa Driscoll takes a look at the recent Second Circuit Momentive decision and uses it to examine the importance of clarity in drafting loan documents and understanding what loan documents say, ...
Mayer Brown
In a recent decision that will be of interest to capital and structured finance market participants
Ward and Smith, P.A.
In a Chapter 11 bankruptcy, the debtor attempts to reorganize its affairs in a Chapter 11 Plan.
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VGC Law Firm
The same have been briefly discussed in the present article.
Dentons
Saudi Arabia's bankruptcy and insolvency law regime has been governed by two regulations, the earliest dating back to 1930.
Clarus Law Associates
On 11.10.2018, a division bench of the Hon'ble Supreme Court of India comprising of Justice R.F. Nariman and Justice Navin Sinha in the matter of B.K. Educational Services Private Limited v Parag Gupta And Associates, ...
AMLEGALS
The amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause.
IndusLaw
The Specific Relief (Amendment) Act, 2018 (the "Amendment Act") amending the provisions of the Specific Relief Act, 1963 (the "Act") came into force on August 1, 2018.
Fair & Just Legal Solutions LLP
The NCLT, Mumbai, accepted the application of Nisus and passed the order for commencement of insolvency resolution process.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.
Dhaval Vussonji & Associates
In our earlier article titled, "Homebuyers now Financial Creditors: Too many cooks spoil the resolution process?", we analysed the impact of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, ...
VGC Law Firm
It is apparent from the ongoing practice that IRPs consider the date of receipt of order as the date of the appointment.
S.S. Rana & Co. Advocates
The amendments to the IBC have made an attempt to ensure that only viable resolution plans from credible sources are accepted.
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