Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
Bartier Perry
A creditor who receives a payment that could be an unfair preference, may not have to refund it to a trustee in bankruptcy.
DibbsBarker
Club directors should not try to appoint an administrator to a registered club in NSW over a Christmas holiday period.
KordaMentha
The Administrators of the Arrium Group Companies have issued a Report to Creditors covering the sale of Arrium Australia.
Fangda Partners
On August 11, 2017, the Dalian Intermediate People's Court approved the proposed bankruptcy restructuring plan of Dongbei Special Steel Group Co. Ltd., a state-owned enterprise ("SOE")...
Stephenson Harwood
This is the first Hong Kong decision where a foreign scheme of arrangement was sanctioned by the Hong Kong Court following a letter of request from a foreign Court.
Nishith Desai Associates
The requirement for an operational creditor to provide a certificate from a financial institution under S. 9(3)(c) of the Code is only directory and not mandatory ...
S.S. Rana & Co. Advocates
The IBBI, through Notification No. IBBI/2017- 18/GN/REG23, on December 31, 2017, has notified the "Insolvency and Bankruptcy Board of India (Fast Track Insolvency Resolution Process for Corporate Persons)...
Trilegal
The RBI has recently issued a notification requiring regulated financial creditors to adhere to certain mandatory requirements of the Insolvency & Bankruptcy Code ...
VGC Law Firm
It has been one year since the Insolvency and Bankruptcy Code, 2016 ("I&B Code") came into effect. The I&B Code is one of the biggest economic reforms to have taken place recently.
S.S. Rana & Co. Advocates
Incorporated with the objective of promoting maximization of value of assets in a time bound manner, the Insolvency and Bankruptcy Code works towards effective protection to honest creditors...
Khaitan & Co
The NCLAT passed a judgment putting to rest the question of the applicability of the Limitation Act, 1963 to the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
Khaitan & Co
In Civil Appeal 15481/2017, Macquarie Bank Limited, Singapore filed a petition under Section 9 of the Code as an operational creditor before the National Company Law Tribunal against Uttam Galva Metallics Limited.
Khurana and Khurana
The much debated question with respect to the interpretation of what amounts to "existence of a dispute" has been finally answered by the Supreme Court in the (Mobilox vs. Kirusa) judgment.
Khaitan & Co
NCLAT has held that proceedings pending under Section 34 of the Arbitration and Conciliation Act, 1996 does not constitute a ‘dispute' under Section 8 of the Insolvency and Bankruptcy Code, 2016.
S.S. Rana & Co. Advocates
Considering the rapid increase of insolvency cases, the increased and more defined role of the service providers and stakeholders at different levels in companies, partnerships, banks etc....
Phoenix Legal
The Insolvency and Bankruptcy Code, 2016 (Code) was enacted for a time bound insolvency resolution process with the primary aim of rehabilitating financially distressed entities...
Tuli & Co
The Supreme Court recently in Macquarie Bank Limited v. Shilpi Cable Technologies had the opportunity to settle the law on two important questions arising under the Insolvency and Bankruptcy Code, 2016 (‘IBC'), which have impaired operational creditors from enforcing their rights under the IBC.
S.S. Rana & Co. Advocates
The Delhi High Court in the case of Power Grid Corporation of India Ltd. vs Jyoti Structures Ltd., vide its order dated December 11, 2017, ruled that Section 14(1)(a) of the Insolvency...
LexCounsel Law Offices
The Insolvency and Bankruptcy Code, 2016 ("Code").
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.
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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.
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.
Corrs Chambers Westgarth
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
Singh & Associates
The Union Cabinet, in its meeting held in the month of June 2017, has approved19 the Financial Resolution and Deposit Insurance Bill, 2017...
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.
Worrells Solvency & Forensic Accountants
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Worrells Solvency & Forensic Accountants
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
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