Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Madgwicks
Liquidators would not wish to be liable for an adverse cost order personally, without recourse to the company assets.
Carroll & O'Dea
A creditor may avail itself of certain defences to a claim against it by a liquidator for unfair preference payments.
Corrs Chambers Westgarth
This case considers if payments made by a third party to a company's creditors could be recovered as unfair preferences.
Madgwicks
This article discusses how section 551 applies under the changes to the Corporations Act 2001 after 1 September 2017.
BRI Ferrier
The Rambaldi case considered Quistclose trusts, third party payments and preference recoveries in a bankruptcy context.
Maples and Calder
BVI law is a mixture of statute and common law. The principal statute governing corporate and personal insolvency in the BVI is the Insolvency Act 2003, which is supported by the regulations...
Torys LLP
•The Court of Queen's Bench held that the Municipal Government Act, RSA 2000, c M-26 (MGA), which grants municipalities the power to levy linear property taxes in Alberta, may provide a special lien for tax arrears for taxes relating to a parcel of land.
Miller Thomson LLP
L'appelant soutient que l'ordonnance de libération ne devrait pas libérer l'intimée sur la base de l'article 178 (1)(e) de la Loi sur la faillite et l'insolvabilité,
Gehlen Dabbs
When a debtor is insolvent, recovery by a creditor will generally depend on the creditor's ranking.
Maples and Calder
The Cayman Islands is an overseas territory of the United Kingdom and the legal system is an English-style common law system, which comprises statute law and binding case precedents.
Collas Crill
In this guide we hope to give our readers a refresher course on Guernsey's insolvency laws in the hope that they will be in a better equipped when one of their clients 'goes under'.
Singh & Associates
The Insolvency And Bankruptc Y Code, 2016
Dhaval Vussonji & Associates
When Benjamin Franklin said "Time is Money" he certainly meant that time is a valuable asset and we must make it count.
Maples and Calder
Many businesses in Ireland borrowed significantly from 2000 to 2008 and much of that borrowing was used to fund property acquisitions.
Gowling WLG
This month we consider the court's view on the extent to which firms' activities in handling complaints are themselves subject to adjudication by the Financial Ombudsman Service.
Afridi & Angell Legal Consultants
The new Bankruptcy Law of the UAE was enacted on September 20, 2016 as Decree-Law No. 9 of 2016. It was published in the Federal Official Gazette on September 29, 2016, giving it an effective date...
Meyer-Reumann & Partners
On 29 December, 2016, Federal Decree Law No. 9 of 2016 ("New Bankruptcy Law") has come into force. This article will provide you with an overview.
Squire Patton Boggs
The "mini-insolvency law" and the 90 day moratorium it creates is not automatically binding upon UBF members.
Smith Gambrell & Russell LLP
A bankruptcy court in Texarkana, Texas held that breaches by two debtor-franchisees of a non-competition covenant in their franchise agreement with a print shop franchisor qualified for discharge through bankruptcy.
Jones Day
Protocols establish the premise for their creation and outline the goals the parties hope to achieve.
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Jones Day
In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016...
Ogier
The appointment of a provisional liquidator is not often pursued as the practical implications are draconian: directors lose the ability to control and manage the company's affairs.
Khaitan & Co
Pursuant to notification of the provisions relating to insolvency resolution and liquidation process under the Insolvency and Bankruptcy Code, 2016, several applications have been made to the NCLT...
BLC Robert
What systems of law are used within your jurisdiction and what are they used for (i.e. English law for project development, New York law for high yield issues)
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.
Singh & Associates
Insolvency is a term which has always been related to an individual or a company/business.
Trilegal
The recent amendments to the SARFAESI Act demonstrate the Indian government's commitment to put in place an efficacious system for dealing with bad debts and making debt recovery easier and effective.
Luthra & Luthra Law Offices
On 21 June, the Securities and Exchange Board of India ("SEBI") inter-alia, approved proposals to:
Singh & Associates
Insolvency and Bankruptcy Code 2016 (I & B Code 2016) was published in the Gazette of India on 28th May 2016.
Colin Biggers & Paisley
This judge's reasoning regarding the liability of a liquidator might also apply to administrators and to receivers.
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