Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
Amendments to the Corporations Act provide for a new safe harbour protection for company directors. .
Corrs Chambers Westgarth
The corporate trustee's right of indemnity by way of exoneration was property of the company within the meaning of s 433.
Borden Ladner Gervais LLP
In Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. the Court was asked to determine the priority of claims in a bankruptcy between Royal Bank of Canada (the "Bank")...
Samis + Company
Plenty. Particularly if you are an insurer attempting to advance a subrogated claim and your insured is in bankruptcy protection proceedings.
Osler, Hoskin & Harcourt LLP
On February 21, 2018, the Alberta Court of Queen's Bench released its decision in Firenze Energy Ltd. v. Scollard Energy Ltd., 2018 ABQB 126 (Scollard).
A recent judgment of the Cayman Islands Court of Appeal1 (CICA) has over-turned an earlier decision of the Grand Court of the Cayman Islands (Grand Court) which had conferred the power...
Mayer Brown
The rules on set-off under certain circumstances allow to „settle" a claim with a counterclaim and, thus, to avoid making back and forth payments.
Nishith Desai Associates
Insolvency Diaries- Essar Steel's Creditors Meet Today
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.
Ozogul Yenigun & Partners
15.03.2018 tarihli 30361 sayılı Resmî Gazete'de yayımlanan 7101 sayılı İcra ve İflâs Kanunu ve Bazı Kanunlarda Değişiklik Yapılması Hakkında Kanun ("Kanun")...
Kolcuoglu Demirkan Kocakli Attorneys at Law
Law No. 7101 on Amendments to the Execution and Bankruptcy Law and Other Laws was published in the Official Gazette on 15 March 2018. Law No. 7101 amended substantial mechanisms set out under the EBL...
BSA Ahmad Bin Hezeem & Associates LLP
Bankruptcy Laws in UAE and KSA.
Seyfarth Shaw LLP
Is your guaranty restricted or continuing? A continuing guaranty gives rise to divisible individual transactions, while a restricted guaranty­—one that concerns a contemplated and specified extension of credit—
Caplin & Drysdale
On March 5, 2018, the Supreme Court issued a unanimous decision in U.S. Bank National Ass'n ex rel. CWCapital Asset Management LLC v. Village at Lakeridge, LLC, holding that bankruptcy court determinations ...
Nelson Mullins Riley & Scarborough LLP
Back in September, the Bankruptcy Protector announced that was introducing a new periodic series: the Jevic Files.
Creditors and anyone seeking recognition of foreign insolvency proceedings in Singapore should consider how the presence of an injunction or an adverse court order may affect the chances...
Withers LLP
In the case, Valley View Downs, LP agreed to purchase all of Bedford Downs' stock for $55 million.
Caplin & Drysdale
The Bankruptcy Code provides bankruptcy trustees, debtors, and creditor committees with "avoidance powers" that allow them to set aside and recover certain transfers that a debtor made before filing for bankruptcy.
Cooley LLP
Last week, the Supreme Court cast the future applicability of the section 546(e) safe harbor into considerable doubt.
Archer & Greiner P.C.
On March 5, 2018, the United States Bankruptcy Court for the District of New Jersey granted recognition under Chapter 15 of the U.S. Bankruptcy Code to the appointed liquidators in a Hong Kong voluntary liquidation ...
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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.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
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
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
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
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
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
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
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