Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
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.
Gardiner Roberts LLP
Deciding not to advance any more money and shifting a debtor's account into the euphemistic and scary world of the bank's "Special Credit" department isn't a breach of a bank's credit arrangements.
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)...
The RBI has recently issued a notification requiring regulated financial creditors to adhere to certain mandatory requirements of the Insolvency & Bankruptcy Code ...
VGC Law Firm
It has been one year since the Insolvency and Bankruptcy Code, 2016 ("I&B Code") came into effect. The I&B Code is one of the biggest economic reforms to have taken place recently.
S.S. Rana & Co. Advocates
Incorporated with the objective of promoting maximization of value of assets in a time bound manner, the Insolvency and Bankruptcy Code works towards effective protection to honest creditors...
Khaitan & Co
The NCLAT passed a judgment putting to rest the question of the applicability of the Limitation Act, 1963 to the corporate insolvency resolution process under the Insolvency and Bankruptcy Code, 2016.
Khaitan & Co
In Civil Appeal 15481/2017, Macquarie Bank Limited, Singapore filed a petition under Section 9 of the Code as an operational creditor before the National Company Law Tribunal against Uttam Galva Metallics Limited.
Khurana and Khurana
The much debated question with respect to the interpretation of what amounts to "existence of a dispute" has been finally answered by the Supreme Court in the (Mobilox vs. Kirusa) judgment.
Khaitan & Co
NCLAT has held that proceedings pending under Section 34 of the Arbitration and Conciliation Act, 1996 does not constitute a ‘dispute' under Section 8 of the Insolvency and Bankruptcy Code, 2016.
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.
Ictem Legal
Borçlunun yasal süresi içerisinde aleyhine başlatılmış olan iflas yolu ile icra takibine itiraz etmemesi durumunda alacaklı iflas davası açabilecektir.
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.
Kramer Levin Naftalis & Frankel LLP
Involuntary bankruptcy cases can be a powerful tool for creditors, and this decision raises the bar for use.
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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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