Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
As currently drafted, there are many difficulties when determining if a person is eligible for safe harbour protection.
Thornton Grout Finnigan LLP
The Ontario Court of Appeal released its decision denying parties leave to appeal from Justice Newbould's decision which held that global proceeds of sale in the amount of US$7.3 billion should be distributed to the worldwide Nortel debtor estates on a pro rata basis.
Miller Thomson LLP
Sun Life intente en 2005, un recours contre Technique Acoustique en vue de récupérer les sommes qu'elle a dû débourser pour la réparation d'un immeuble construit par la débitrice.
Miller Thomson LLP
Indalex Limited (Indalex) était le constituant et l'administrateur de deux régimes de pension, soit l'un en faveur de ses employés (Régime Employés) et l'autre en faveur de ses employés dirigeants...
Gehlen Dabbs
Subject to the provisions of the Bankruptcy and Insolvency Act (BIA), one or more unsecured creditors of a debtor may apply to the court for a bankruptcy order in respect of the debtor.
In CHC, the company was seeking to have JPLs appointed in order to assist with the implementation of its US Chapter 11 plan.
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'.
The NCLAT has recently passed a significant ruling which impacts the timelines for insolvency resolution under the new Insolvency & Bankruptcy Code.
Khaitan & Co
On 5 May 2017, a day after the recent Banking Regulation (Amendment) Ordinance, 2017 (Ordinance) received Presidential assent, the Reserve Bank of India issued a circular on...
Khaitan & Co
There is immense litigation initiated by auction purchasers, who are fastened with liability relating to outstanding dues of the Company in liquidation, in respect of the property / asset being put to auction by the Official Liquidator.
Wynn Williams Lawyers
The Government's Insolvency Working Group has this week issued its second report.
These proceedings raised complex issues around the rights of creditors, some of which have not been examined for more than 100 years.
K&L Gates
The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated.
Moritt, Hock & Hamroff LLP
One of the many issues that hospitals and other health care providers face when they become insolvent is addressing their Medicare provider agreements and the prohibitions contained within the Medicare Act.
Parker Poe
The United States Supreme Court issued a ruling Monday resolving the question of whether filing a proof of claim for a debt that is time-barred by the statute of limitations is a violation of the FDCPA.
Troutman Sanders LLP
On May 15, 2017, the United States Supreme Court ruled that the Eleventh Circuit erred when it found a debt buyer liable under the Fair Debt Collection Practices Act...
On May 15, 2017, the United States Supreme Court issued its decision in Midland Funding, LLC v. Johnson, 581 U.S. ___ (2017)...
Foley & Lardner
In a significant ruling impacting commercial real estate lenders in Michigan, the Sixth Circuit Court of Appeals has ruled that an absolute assignment of rents...
Duane Morris LLP
On May 15, 2017, the United States Supreme Court, in a 5-3 majority, sided with the majority of U.S. Courts of Appeals and held that the filing in bankruptcy court of a proof of claim...
Masuda, Funai, Eifert & Mitchell, Ltd.
In a May 2, 2017 decision, the Sixth Circuit Court of Appeals decided the fate of a stream of rental payments from the bankrupt owner of a residential complex.
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Jones Day
With one exception, the Top 10 List of "public company" (defined as a company with publicly traded stock or debt) bankruptcies of 2016 consisted entirely of energy companies . . .
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...
S.S. Rana & Co. Advocates
The constitution of the aforesaid Tribunals is in exercise of the powers conferred by Sections 408 and 410 respectively of the new Companies Act, 2013.
Chapman Tripp
Under the New Zealand PPSA, GE's interest would not have been entirely lost but its priority could have been affected.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code ("IBC") Bill has been passed by both the Houses of Parliament and has received the assent of the President on May 28, 2016.
Singh & Associates
Insolvency is a term which has always been related to an individual or a company/business.
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.
LexCounsel Law Offices
With the above observations, the Bench admitted the insolvency application.
Khaitan & Co
Despite the risk of higher provisioning, banks were not willing to undertake deep surgery or offer higher discounting on stressed assets.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Board of India has notified the Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017 ("New Regulations") on March 31, 2017.
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