Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
This case highlights a need to carefully consider the strategy that defendants take in ‘mothership' preference claims.
Using an incorrectly spelt address when attempting to deliver a statutory demand proved to be a very expensive lesson.
Corrs Chambers Westgarth
The Court refused to validate resolutions for liquidators' remuneration when creditors were given inadequate information.
Schoenherr Attorneys at Law
After almost two years, the extraordinary administration proceedings over Agrokor and 77 of its Croatian group companies is entering its final stage.
Nishith Desai Associates
Lessons Learnt From Essar Insolvency Resolution
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("IBC") deals with reorganisation and insolvency resolution of corporate persons
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
Cyril Amarchand Mangaldas
The Supreme Court's decision in K. Sashidhar v. Indian Overseas Bank and Ors.[1]addressed a critical issue in the corporate insolvency resolution process – i.e. the scope of judicial scrutiny over a commercial decision taken by ...
L&L Partners
"Stare Decisis" has been defined under the Black's Law Dictionary as "to abide by, or adhere to, decided cases".
L&L Partners
It therefore becomes relevant, and important, to understand the concept of a ‘pre-packaged bankruptcy' and its pros and cons.
Generally there has been a decrease in the number of corporate insolvencies in Ireland over the last five years, which is in contrast to the period from 2008 to 2013,
Baker & Partners
This is the second of two articles on disclosure in civil proceedings in Jersey. The first can be found here.
Erdem & Erdem Law
Important regulations have been made by Law No. 7155 on "The Procedure for Initiating Proceedings based on Monetary Receivables Arising from Subscription Agreements", which entered into force ...
Brodies LLP
Included amongst the many announcements in the UK's Autumn 2018 Budget...
Jones Day
This Jones Day White Paper reviews the proposals and explains the possible next steps towards implementation.
Evris Law Firm
The Verkhovna Rada (Ukrainian Parliament) adopted the Code of Ukraine on Bankruptcy Proceeding (the Code) on 18 October 2018.
Mayer Brown
A repurchase facility ("Repurchase Facility") is a financing arrangement pursuant to which a bank or other credit institution (a "Buyer") provides liquidity to an entity that originates
Thompson Coburn LLP
The U.S. Court of Appeals for the Seventh Circuit allowed a secured creditor to retain its lien and therefore the proceeds from a sale, even after the secured creditor mistakenly released its mortgage lien.
Kramer Levin Naftalis & Frankel LLP
The Bankruptcy Code provides debtors with the opportunity for a fresh start in the face of mounting financial obligations.
Morrison & Foerster LLP
The Court of Appeal of England and Wales ("CA") made a significant ruling on two matters affecting the powers and duties of directors of English companies.
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VGC Law Firm
The same have been briefly discussed in the present article.
The Specific Relief (Amendment) Act, 2018 (the "Amendment Act") amending the provisions of the Specific Relief Act, 1963 (the "Act") came into force on August 1, 2018.
The amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause.
Dhaval Vussonji & Associates
In our earlier article titled, "Homebuyers now Financial Creditors: Too many cooks spoil the resolution process?", we analysed the impact of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, ...
VGC Law Firm
It is apparent from the ongoing practice that IRPs consider the date of receipt of order as the date of the appointment.
Fair & Just Legal Solutions LLP
The NCLT, Mumbai, accepted the application of Nisus and passed the order for commencement of insolvency resolution process.
Clarus Law Associates
On 11.10.2018, a division bench of the Hon'ble Supreme Court of India comprising of Justice R.F. Nariman and Justice Navin Sinha in the matter of B.K. Educational Services Private Limited v Parag Gupta And Associates, ...
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.
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.
2018 proved to be a constitutional litmus test for the Insolvency and Bankruptcy Code, 2016, with ten writ petitions and one special leave petition assailing the constitutional validity of the Code.
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