Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Surry Partners
A Christmas shut down period could be dangerous for businesses, because a Creditor's Statutory Demand is time-critical.
HHG Legal Group
A 'safe harbour' protects directors to incur company debts which could have triggered a breach of insolvent trading laws.
Corrs Chambers Westgarth
Safe harbour provisions and restrictions on the operation of "ipso facto" provisions in contracts have been introduced.
Worrells Solvency & Forensic Accountants
It is important to ensure the accuracy of registering security interests for the specific type of business structure.
Worrells Solvency & Forensic Accountants
Reducing the automatic discharge to a one-year bankruptcy could encourage entrepreneurs and stimulate economic growth.
Worrells Solvency & Forensic Accountants
Some amendments included the increased rights of creditors to improve consumer confidence in insolvency practitioners.
Worrells Solvency & Forensic Accountants
This WA decision was a fine display of pragmatism and a reminder of the voluntary administration regime's effectiveness.
Worrells Solvency & Forensic Accountants
Part 2 of this article gives some guidance on some key principles on the right of indemnity in a bankruptcy scenario.
Corrs Chambers Westgarth
Courts have a general preference for mothership proceedings prompting consideration of possible reform to court rules.
Coleman Greig Lawyers
Liquidators can recover funds acquired by creditors from an insolvent company or in some cases, from a 3rd party.
Holman Webb
A director may claim safe harbour protection, following a course of action reasonably likely to lead to a better outcome.
Cassels Brock
Cassels Brock developed this Lessons Learned series based on our experience with priority disputes between secured creditors and the realization that many secured parties make fundamental errors of law that cause them to lose priority in their collateral.
S.S. Rana & Co. Advocates
The Government has been consistently working towards refining and improving the new legal regime being set forth under the IBC.
Mason Hayes & Curran
Further to our Insolvency Update issued 11 October 2017, another recent High Court judgment has clearly demonstrated the courts' increased lack of tolerance for litigants ...
Abbatescianni Studio Legale e Tributario
Second to follow is the unification of the iter for acceding to the procedures applicable to the company crisis, which will differentiate only at a later stage.
For the first time, the Singapore High Court has ruled on whether to grant ‘super priority' for debts arising from rescue financing under the amended insolvency laws ...
Gowling WLG
In our update this month we take a look at three cases that provide helpful clarification from the courts on issues ...
McDermott Will & Emery
The UK financial sector thrives on confidence, underpinned by a well-developed and respected legal system. Brexit has knocked global confidence in the UK market, but businesses can still rely on the predictability of the English law system.
Hughes Hubbard & Reed LLP
What happens when property that a trustee wants to sell in a section 363 sale is subject to unexpired leases that the trustee is empowered to reject under section 365(h)?
Kramer Levin Naftalis & Frankel LLP
Judge Bernstein first addressed whether the non-voting creditors should be deemed to have consented to the Plan's release provisions.
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Holding Redlich
From 1 July 2018, ipso facto clauses will be ineffective in the event that the other party encounters financial distress.
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.
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.
Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Distribution was the next step after one of the most complex and biggest administrations in Australian corporate history.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Ten Group creditors have voted overwhelmingly to accept an offer by CBS that pays 100 cents in the $ to most creditors.
Katona & Partners Attorneys at Law
Abhängig von der Unternehmensform und von der Auflösungsform sind mehrere Wege ein Unternehmen aufzulösen.
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