Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Hunt & Hunt
The Court will only grant an adjournment if it is satisfied that it is in the interests of the company's creditors.
Corrs Chambers Westgarth
A sole director exercised his powers to commence proceedings in the name of the company to set aside a winding up order.
Cooper Grace Ward
This case is a good illustration of what creditors and liquidators should consider when it comes to preference payments.
Corrs Chambers Westgarth
With the right approach at an early stage, the effort of proactively seeking court assistance can pay great dividends.
Winston Churchill once said, "to improve is to change so to be perfect is to change often". With that in mind and with many high profile cross-border restructurings ...
Mayer Brown
Im deutschen Vertragsrecht gilt das Prinzip der Vertragstreue (pacta sunt servanda), welches die Verpflichtung zur Erfüllung von Verträgen zum Gegenstand hat.
Mayer Brown
Within German contract law, the principle of being bound by a contract (pacta sunt servanda), i.e. the obligation to fulfill agreements, applies.
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 Federal High Court Lagos, delivered a ruling in Suit No.: FHC/L/CP/540/2012 RRSAT Global Communications Networks Limited v Daar Communications Plc, affirming its jurisdiction to hear a petition for the winding up ...
Al Tamimi & Company
The UAE Cabinet issued Resolution ("Resolution") no. 4 of 2018 Forming the Financial Restructuring Committee ("FRC") pursuant to UAE Federal Law No. 9 of 2016 ("Bankruptcy Law").
Shook Lin & Bok
The one-year anniversary milestone has passed since Singapore's insolvency and corporate restructuring regime was overhauled with the coming into force of the new amendments on 23 May 2017.
Thompson Coburn LLP
In a recent Chapter 11 case and subsequent Chapter 7 case, Judge Timothy Barnes of the N.D. of Illinois allowed counsel for an assignee ("Assignee") in an Illinois assignment for the benefit of creditors ("ABC") to recover attorneys' fees and expenses incurred pre-petition and post-petition.
Jones Day
From the Top in Brief.
Jones Day
The doctrine of forum non conveniens permits a court to dismiss litigation even if the court is a proper venue with jurisdiction over the claims asserted.
Kramer Levin Naftalis & Frankel LLP
To block the Debtor's plan, the Bank had purchased enough unsecured claims to obtain a blocking position in class 4.
Kramer Levin Naftalis & Frankel LLP
If the Supreme Court grants cert, it could resolve the circuit split over whether Section 365(n) allows a trademark licensee to retain its rights to use the trademark post-rejection.
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Saudi Arabia's bankruptcy and insolvency law regime has been governed by two regulations, the earliest dating back to 1930.
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.
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.
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.
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