Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Madgwicks
These new provisions will only apply to contracts entered into from 1 July 2018, and will not apply retrospectively.
Bartier Perry
This decision reinforces the role of interim receivers and managers and the Court approach to fixing their remuneration.
Norton Rose Fulbright Australia
Recent case considers the operation of the new statutory scheme for registration of liquidators. .
Kott Gunning
Mortgagees act quickly for a vesting order when a mortgaged property is disclaimed by a trustee in bankruptcy or liquidator. .
Cooper Grace Ward
It is prudent to be circumspect in your written communications because a liquidator may try to use them against you.
Corrs Chambers Westgarth
When a liquidator is appointed, a director will lose power to manage the company and is not able to waive privilege.
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.
IndusLaw
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.
Phoenix Legal
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018 (Ordinance) has been promulgated by the President of India on June 6, 2018.
IndusLaw
These Delisting Regulations have been amended to provide that henceforth, an application for listing of delisted equity shares may be made in respect of a Corporate Debtor.
Tuli & Co
The Government of India, in order to iron out the issues plaguing the Insolvency and Bankruptcy Code, 2016 ("IBC Code") has been making amendments at a rapid pace.
Nishith Desai Associates
5th Lifecycle Of India Focused Funds Conference (May 18, 2018) PRIMER ON SECURITY ENFORCEMENT AND THE NEW INSOLVENCY AND BANKRUPTCY REGIME
Atli & Atli Law Office
Yatırım ortamının iyileştirilmesi amacıyla; 7101 sayılı "İcra ve İflas Kanunu ve Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun", 28 Şubat 2018 tarihinde kabul edildi.
Jones Day
On April 3, 2018, the U.S. Supreme Court issued an order that, in light of its recent ruling in Merit Management Group LP v. FTI Consulting Inc.
Jones Day
In the service of the Bankruptcy Code's goals of giving debtors a "fresh start" and ensuring that estate assets are fairly and equally distributed ...
Schnader Harrison Segal & Lewis LLP
On June 4, the U.S. Supreme Court sent a clear message regarding the requirements for non-dischargeability under the Bankruptcy Code, holding that a debtor's misleading statement...
Jones Day
The Bankruptcy Code contains an array of provisions designed to encourage lenders to provide debtor-in-possession ("DIP") financing in chapter 11 cases, including authorization of "superpriority"...
Jones Day
Even if a U.S. court has jurisdiction over a lawsuit involving foreign litigants, the court may conclude that a foreign court ...
Kramer Levin Naftalis & Frankel LLP
The bankruptcy of Energy Future Holdings has spawned numerous decisions in the various segments of its Chapter 11 case.
Kramer Levin Naftalis & Frankel LLP
In yet another of the many cases against Residential Mortgage Backed Securities (RMBS) trustees for their alleged responsibility for losses suffered by investors, Judge Jesse Furman...
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Dentons
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.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
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