Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
King & Capital Law Firm
我们代理的某金融机构诉其债务人借款合同纠纷案件的一审程序尚未完结,近日金融机构获悉债务人的控股股东经法院裁定进入破产清算程序
DeHeng Law Offices
2019年6月20日,中国证监会发布《关于修改〈上市公司重大资产重组管理办法〉的决定》("《征求意见稿》")公开征求意见的通知,《征求意见稿
Herbert Smith Freehills
In Yeung Lui Ming v Tang Mo Lin Irene [2019] HKCFI 1848, the Hong Kong Court of First Instance set aside a sale of cemetery sites and a transfer of shares by a bankrupt individual on the basis that they constituted...
Link Legal India Law Services
The Insolvency & Bankruptcy Code 2016 was enacted with a view to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, limited liability partnerships, ...
King, Stubb & Kasiva
The Tribunal further observed that the existence of dispute must be pre-existing i.e. it must exist before the receipt of the demand notice or invoice.
King, Stubb & Kasiva
Though these judgments were in respect of settlement but the question was of applicability of NCLT rules in insolvency proceedings.
Vaish Associates Advocates
This would defeat the purpose of IBC and would also cause wrongful loses to all the creditors including Roxcel.
Tuli & Co
Given this judgment, corporate debtors will now need to be prompt in raising any disputes they have pertaining to claims made on them by Operational Creditors.
L&L Partners
Amendment in IBC qua MSME's: Ease, Endorse and ensure Expansion
Trilegal
The Insolvency and Bankruptcy Code (Amendment) Act, 2019 seeks to address critical gaps and inconsistencies in insolvency resolution timelines, payments received by operational creditors under
IndusLaw
On July 25, 2019, the IBBI notified amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and the IBBI (Liquidation Process) Regulations, 2016.
Khaitan & Co
On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16G(1)(c) ...
AMLEGALS
The NCLAT, while relying upon Section 137 of the Limitation Act, 1963 concluded that the Appellant had approached an appropriate forum for relief in time and hence the application was not barred by limitation.
LexOrbis
This Judgment triggered for the amendments in the code by the central Government.
Khaitan & Co
Section 14 of the Insolvency & Bankruptcy Code 2016 (as amended) (IBC) imposes a moratorium on the institution of suits or continuation of pending suits or proceedings against a corporate debtor.
Dhaval Vussonji & Associates
Out of these, 300 homebuyers attend a meeting of the CoC and 270 of such homebuyers, vote in favour of a particular agenda.
VGC Law Firm
There have been a number of cases where the issue of rights of a creditor against a guarantor (corporate as well as individual) under the Insolvency and Bankruptcy Code, 2016 have been raised.
AMLEGALS
In this case a winding up petition was filed before the Madras High Court as the Appellant had outstanding dues against the services provided by the Respondent.
AMLEGALS
This occurred when CIRP had already been initiated against the Plaintiff.
Cyril Amarchand Mangaldas
The Insolvency and Bankruptcy Code, 2016 (IBC) has been widely considered a landmark legislation that has brought about a paradigm shift in the recovery and resolution process.
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VGC Law Firm
The default referred to herein above is in respect of a financial debt owed to any financial creditor.
VGC Law Firm
The same have been briefly discussed in the present article.
Dhaval Vussonji & Associates
In contrast, the definition of operational debt is exhaustive in nature to mean inter alia a claim in respect of the provision of goods or services including employment.
Cyril Amarchand Mangaldas
The Insolvency and Bankruptcy Code, 2016 (IBC) has been widely considered a landmark legislation that has brought about a paradigm shift in the recovery and resolution process.
AMLEGALS
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.
Trilegal
The Insolvency and Bankruptcy Code (Amendment) Act, 2019 seeks to address critical gaps and inconsistencies in insolvency resolution timelines, payments received by operational creditors under
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, ...
IndusLaw
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.
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, ...
Khurana and Khurana
It is better to have one codified legislation than multiple to deal with the aspects of a company which can have a singular umbrella.
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