Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
The statutory presumption of insolvency did not arise as there had not been effective service of a statutory demand.
Carroll & O'Dea
The administration period can be difficult for a landlord, as their rights in relation to the premises are restricted.
Norton Rose Fulbright Canada LLP
The case is causing uncertainty throughout Canada's secured lending community, which now faces new and unexpected risks.
SMARTLEGAL Schmidt&Partners
Although, liquidation is one of the most powerful debt collection tools in Hungary for recovering solid claims, creditors often make mistakes that give rise to unfavourable court decision, declining liquidation request ...
IndiaLaw LLP
The Supreme Court of India in the matter of Dharani Sugars & Chemical Ltd Vs. Union of India struck down Circular dated 12th February 2018 issued by RBI as ultra vires of section 35AA of the
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims.
Khurana and Khurana
The Hon'ble National Company Law Tribunal or NCLT (Mumbai) Bench in M/S Citicare Super Speciality Hospital vs. Vighnaharta Health Visionaries Pvt. Ltd. has held that claims towards outstanding rent ...
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
Reed Smith (Worldwide)
It is well established that the type of recognition granted by the recognising court under the UNCITRAL Model Law will depend on whether the originating proceedings are ‘foreign main'
Dentons
Delivering on the announcement in the Autumn Budget, HMRC issued its consultation "Protecting your taxes in insolvency" on 26 February 2019.
Shearman & Sterling LLP
On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity...
Shearman & Sterling LLP
On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by
Jones Day
The final text of the EGI Model Law is expected to be published at the end of 2019, after which it can be implemented.
Gibson, Dunn & Crutcher
A recent bankruptcy court decision from the Southern District of New York held that a make-whole premium in a loan agreement was enforceable against a bankrupt borrower, notwithstanding the Second Circuit's 2017 decision in Momentive.
Dickinson Wright PLLC
Perhaps one thing we can agree on in discussing the healthcare industry: it is in a state of distress stemming from the challenges created by an ever-increasing regulatory burden.
Cadwalader, Wickersham & Taft LLP
On March 18, 2019, the U.S. Bankruptcy Court of the Southern District of New York enforced a mortgage lender's claim for a prepayment premium ...
Arnold & Porter
On March 6, 2019, Rep. Cheri Bustos (D-IL) introduced the No Bonuses in Bankruptcy Act of 2019 (H.R. 1557) "[t]o amend title 11 of the United States Code to prohibit the payment of bonuses to highly compensated individuals ...
Jones Day
In In re Argon Credit, LLC, 2019 WL 169315 (Bankr. N.D. Ill. Jan. 10, 2019), the U.S. Bankruptcy Court for the Northern District of Illinois ruled that, in accordance with section 510(a) of the Bankruptcy Code, ...
Jones Day
With certain exceptions, the CDI will enter into force on August 14, 2020, unless amended by the Italian Parliament prior to the effective date.
Jones Day
More than one bankruptcy or insolvency proceeding may be pending with respect to the same foreign debtor in different countries.
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VGC Law Firm
The same have been briefly discussed in the present article.
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.
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.
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 Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.
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 NCLT, Mumbai, accepted the application of Nisus and passed the order for commencement of insolvency resolution process.
IndusLaw
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.
Vaish Associates Advocates
We are pleased to share with you a copy of our newsletter "Between the Lines", November 2018, a briefing on legal matters of current interest.
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