Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
Bryks Lawyers
Article discusses the prohibition on insolvent trading and the new safe harbour defence provisions.
Corrs Chambers Westgarth
The Court awarded security for costs against plaintiff companies in liquidation, despite a litigation funder's indemnity.
Worrells Solvency & Forensic Accountants
Business owners should invest some time before Christmas in budgeting and forecasting major cash inflows and outflows.
Worrells Solvency & Forensic Accountants
After four quarters of increases, September 2018 statistics saw a significant decline in personal insolvency activity.
Dhaval Vussonji & Associates
This highlights the importance of having crystallized terms in respect of any lending in the absence of which a creditor may possibly not have recourse under the Code.
Dhaval Vussonji & Associates
While these companies formed a joint venture for developing the project, they did not register this joint venture as a separate company.
IndiaLaw LLP
Insolvency & Bankruptcy Code (Amendment) Ordinance, 2018 settled uncertainty regarding the applicability of Limitation Act 1963 over proceeding under the Insolvency and Bankruptcy Code 2016.
IndiaLaw LLP
The Supreme Court of India delivered two judgments under the Insolvency and Bankruptcy Code 2016 ("Code") recently.
IndiaLaw LLP
In a landmark judgment, National Company Law Appellate Tribunal settled law under Insolvency and Bankruptcy Code 2016 in respect of claims arising out of counter corporate guarantee and non-invoked guarantee.
IndiaLaw LLP
The Supreme Court of India in BK Education Services Private Limited vs. Parag Gupta and Associates held that Section 238 A of the Insolvency and Bankruptcy Code, which was inserted pursuant to an amendment dated 6th August 2018, ...
Singh & Associates
The Insolvency & Bankruptcy Code was enacted in the year 2016. Since then there have been divergent views regarding the application of the Limitation Act, 1963, to the proceedings under the Insolvency & Bankruptcy Code, 2016.
Khaitan & Co
Leasing of aircrafts is a prevalent market practice in the aviation industry, and all existing airline operators in India have currently leased a significant number of aircrafts in their fleet.
Singh & Associates
Mr. V Ramakrishna, the managing director of the company signed a personal guarantee in favor of State Bank of India.
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.
Earlier this month, the Supreme Court of India dismissed an appeal by a competing resolution applicant, asserting that the acceptance of UltraTech Cement Limited's recent resolution plan to acquire the...
Singh & Associates
The deduction of tax at source is a statutory obligation and the Income Tax Act does not make a classification as to the payment of interest.
Singh & Associates
Thus, certain winding up proceedings will now be governed by the provisions of 2013 Act and certain under the Code.
Singh & Associates
After the submission of the valuers reports, the average of the two closest estimates shall be considered the liquidation value.
Singh & Associates
The Law of Limitation has been on the talks in context to whether it shall be applicable to the Insolvency and Bankruptcy Code, 2016 ("IBC, 2016") since its very beginning.
Singh & Associates
The Hon'ble Adjudicating Authority (National Company Law Tribunal, Principal Bench, New Delhi) in the case of Axis Bank Limited and Another v. Edu Smart Services Private Limited (decided on 27.10.2017) ...
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VGC Law Firm
The same have been briefly discussed in the present article.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
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.
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.
Earlier this month, the Supreme Court of India (the "SC") passed a much-awaited judgment concerning the eligibility of resolution applicants for Essar Steel India Limited.
L&L Partners
About 30 million tonnes of steel is lying under bankruptcy proceedings in India, and is waiting to be taken over by new management under the Insolvency and Bankruptcy Code, 2016 (IBC).
BRI Ferrier
Non-payment of debts by the taxpayer may result in liquidation or bankruptcy, once proceedings are issued by the ATO.
King, Stubb & Kasiva
In case of cash flow insolvency the company is unable to pay debt as it falls due and in balance sheet insolvency the total liability exceeds its realisable assets.
The Appellant is a Promoter of 'M/s Auto Décor Pvt. Ltd.' who is the Corporate Debtor.
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