Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
Pointon Partners
If there are competing applications for substitution, the Court has discretion to decide which application is successful.
Corrs Chambers Westgarth
The WA Court approved the remuneration, but deferred any decisions about trust distributions until after the High Court.
Holding Redlich
The aim of the new regime is to preserve the enterprise value of a business undertaking a formal restructure process.
BRI Ferrier
Management should prepare now for an increase in debt costs to avoid any negative impact on their business operations.
Dhir & Dhir Associates
While the case for employees may be rooted in social welfare, liquidation as a going concern of a financially troubled entity also makes sound business sense.
Khaitan & Co
Under the corporate insolvency regime set up by the Insolvency and Bankruptcy Code, 2016, the Insolvency Resolution Professional is arguably among the most important individuals concerned...
LexCounsel Law Offices
With the introduction of the Insolvency & Bankruptcy Code, 2016, there has been a flurry of litigation before the National Company Law Tribunals and the National Company Law Appellate Tribunal ...
The Insolvency and Bankruptcy Code, 2016 ("IBC") was passed with the objective of balancing interests of all stakeholders in a corporate entity‟s insolvency resolution process.
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 brings about significant changes to improve the insolvency resolution framework in India.
Singh & Associates
There was a significant jump witnessed in India's ease of doing business rankings last year and the Insolvency and Bankruptcy code ("the Code") was regarded as a key contributor in the jump.
Khaitan & Co
The President of India promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance 2018 on 6 June 2018 (Ordinance) to amend the Insolvency and Bankruptcy Code 2016 (IBC).
Khaitan & Co
Between 31 May to 1 June, SEBI amended a number of securities regulations to provide certain dispensations for listed companies undergoing the corporate insolvency resolution process...
Phoenix Legal
The Insolvency and Bankruptcy Code, 2016 (IBC) has impacted companies and assets across various industries and has thrown up a range of opportunities for potential investors.
VGC Law Firm
The Insolvency and Bankruptcy Code, 2016 in its Section 12 provides that the corporate insolvency resolution process shall be completed within a period of 180 days from the date of admission of the application to initiate such process.
Nishith Desai Associates
Webinar : NDA Series On Insolvency And Bankruptcy Code: Part IV – Analysis Of Ordinance 2018 Amending The Code And What Next? (June 14, 2018) Webinar (Video)
Dhir & Dhir Associates
The pros and cons, present need and future utility of such a process are briefly assessed below.
Dhir & Dhir Associates
The present legal framework in India to deal with the Insolvency and Bankruptcy situation is legislated in the provisions of the Insolvency and Bankruptcy Code, 2016 ...
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.
Tuli & Co
The OTS was treated as a Resolution Plan and was approved by a 100% vote of the CoC. The Resolution Plan was thereafter placed before the NCLT for recording its satisfaction as per §31 of the IBC.
The lowering of the threshold for decision making by the CoC should further the objective of promoting the resolution of corporate debtors and use liquidation as a last resort.
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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.
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
This article examines challenges to the entitlement of creditors in bankrupt estates to vote at meetings of creditors.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
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
The judge provided guidance on some key principles around a bankrupt trustee's right of indemnity out of trust assets.
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
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
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