Mondaq All Regions: 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.
Kott Gunning
These recent "safe harbour" reforms substantially change the risks faced by the directors of insolvent companies.
Miller Thomson LLP
In a previous Communique post entitled Things You May Not Know About the Farm Debt Mediation Act...
Borden Ladner Gervais LLP
Northern Transportation Company Limited was a marine shipping and transportation company.
Nctm Studio Legale
Article 7(2)(m) of Regulation No. 2015/848 (as Article 3 of Regulation No. 1346/2000) provides that the receiver can exercise avoiding powers according to the law of the State where the insolvency procedure is opened (lex concursus).
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 ...
Mason Hayes & Curran
A key feature of 2017 was a deepening recognition and response by the courts to the problems associated with organised lay litigant groups and lay advisors seeking to obstruct and...
Boccadutri International Law Firm
Debt Collection in Italy: What it is and how it functions. When one should seek an out of court settlement and when it is necessary to turn to the courts.
Lex Artifex, LLP
Overdue debts may arise for non-liquidation of loan advances within the agreed time or for failure to settle unpaid accounts for goods and services supplied, etc.
Lex Artifex, LLP
If overdue debts are standing against your name and you are unable to settle, chances are that your Creditor may resort to self-help as a counter measure to get you to pay-up
Ictem Legal
Borçlunun yasal süresi içerisinde aleyhine başlatılmış olan iflas yolu ile icra takibine itiraz etmemesi durumunda alacaklı iflas davası açabilecektir.
Brodies LLP
It is fair to say that the insolvency of Carillion has sent shockwaves through the construction industry. While this may be the catalyst for change ...
Wright Hassall LLP
In light of the recent Carillion demise, this guide provides a starting point on common forms of contract for both employers and subcontractors looking at how insolvency affects the supply chain from both directions.
Sayenko Kharenko
Sayenko Kharenko acted as legal counsel to PJSC "Toronto-Kyiv" (Toronto-Kyiv) on the complex restructuring of a cross-border syndicated loan facility from PJSC "Alfa-Bank" (Alfa-Bank) raised to develop the Toronto-Kyiv Business Centre located in downtown Kyiv, Ukraine.
Miles & Stockbridge
On January 8, 2018, Senators John Cornyn (R., Texas) and Elizabeth Warren (D., Massachusetts) introduced a bill that, if passed, would require companies ...
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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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