Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
BRI Ferrier
In order for a company under administration to continue operating, it is often necessary to arrange external funding.
Holding Redlich
The purpose of the reforms is to protect companies in financial difficulties that are undergoing genuine restructuring.
TMF Group
If you compare practices adopted in more mature markets – such as the US – to the ones adopted locally, judicial recovery in Brazil is still a very slow process.
Torkin Manes LLP
The recent Canadian Federal Court of Appeal case of Her Majesty the Queen v. Callidus Capital (2017) FCA 162 may signal the end of an important assumption made by many, if not most, ...
Edwards, Kenny & Bray LLP
In British Columbia, the right to sue on a debtor's failure to repay a loan is generally limited to a two year period following the date the debtor defaults on that loan, thanks to the provisions...
Cox & Palmer
Following eight years of protracted and acrimonious child custody litigation, the father of the children in question was awarded $200,000 in costs against their mother, who subsequently declared bankruptcy ...
Gehlen Dabbs
The Supreme Court of British Columbia is the most recent court latest to find that a debtor's email can, in the appropriate circumstances, be sufficient to restart the two-year limitation period ...
KRYS Global
Clawback claims in excess of $6 billion of overpaid redemptions have been brought by the Fairfield Sentry liquidators in about 300 United States Bankruptcy Court claims pending before Judge Bernstein...
Maples and Calder
Daniel Bayfield QC and NIck Herrod, primarily through the lens of the Ocean Rig restructuring, but also with reference to the CHC case, explore the circumstances in which the Cayman Islands...
KRYS Global
In a recent application for an increase in liquidators' fees in accordance with Practice Direction 3 of 2015...
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Board of India amended regulations regarding Corporate Insolvency Resolution Process wherein it has stated that the resolution plans with respect to Section 30...
S.S. Rana & Co. Advocates
The resolution plan should come from resolution professional or any person, who can really rescue the insolvent business
Tuli & Co
The Financial Resolution and Deposit Insurance Bill 2017 (Bill), which has been referred to a Joint Parliamentary Committee of both the Houses (Joint Committee) in early October 2017, has recently attracted much attention.
Khaitan & Co
The Amendments have put the onus on the Committee of Creditors to approve resolution plans which are viable and made by credible applicants to ensure that the resolution process protects and preserves the value of viable assets...
Chapman Tripp
Despite uncertainty, the Insolvency Practitioners Bill has been picked up by the new government, but could be amended.
Ferguson Litigation Funding Ltd
Over 12 months has passed since the removal of the exemption for insolvency litigation from the Jackson reforms brought within the Legal Aid...
Ferguson Litigation Funding Ltd
Research by Ferguson Litigation Funding (FLF), has found that, 18-months after the removal of the exemption from the Legal Aid...
Hughes Hubbard & Reed LLP
An increasingly common aspect of Chapter 11 plans is non-consensual third party releases, which are often a vital tool required to obtain global peace among competing constituencies...
Stites & Harbison PLLC
On April 27, 2017, the Supreme Court adopted and submitted to Congress various amendments to the Federal Rules of Bankruptcy Procedure.
Shearman & Sterling LLP
On October 20, 2017, the United States Court of Appeals for the Second Circuit issued a decision which, among other things, affirmed the lower courts' holding that certain ...
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Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
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.
HHG Legal Group
The reforms represent relief from unnecessary Government interference and encourage robust entrepreneurial risk taking.
A central theme in Australia's safe harbour legislation is a director's duty to find a "better outcome for the company".
Worrells Solvency & Forensic Accountants
This is a summary of the rights of directors and creditors to access books and records of a company in liquidation.
The sole shareholder of the companies failed in his attempt to challenge the validity of the administrator appointments.
Clayton Utz
Phoenix activity affects creditors, employees, competing businesses and taxpayers when it leaves behind an empty shell.
Kott Gunning
Failure by the company to register its interest on the PPSR in equipment it leased resulted in a loss of the equipment.
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