Mondaq Asia Pacific: Insolvency/Bankruptcy/Re-structuring
McCullough Robertson
These reforms are intended to protect companies experiencing financial difficulties, that undergo a genuine restructure.
BRI Ferrier
The DOCA provided a distribution to unsecured creditors, met all employee entitlements and paid out high-interest loans.
Holding Redlich
Given the prevalence of contractor insolvency, this new regime may be used in the building and construction industry.
Mayer Brown
In the recent case Re CW Advanced Technologies Limited,1 the Hong Kong court took the opportunity, albeit only obiter dicta, to raise and briefly comment ...
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, ...
Dhaval Vussonji & Associates
The Insolvency and Bankruptcy Board of India has recently amended the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, ...
Nishith Desai Associates
In this article, we explore the rights of a special class of creditors, i.e. holders of bonds and their ability to initiate corporate insolvency resolution process under IBC in light of "no action clauses" and issues arising thereof.
S.S. Rana & Co. Advocates
In the market of changing scenarios, the companies are faced by numerous challenges on the business front.
This time the Corporate Debtor replied with objections and raised a new dispute that the project was left incomplete by the Petitioner.
S.S. Rana & Co. Advocates
The insolvency professional, who is the choice of the highest number of creditors in the class, is appointed as the authorised representative of the creditors of the respective class.
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Code, 2016,1 provides that only in cases where no disciplinary proceedings are pending against the insolvency professional that he/ she may be appointed as interim resolution professional, ...
Khaitan & Co
At this juncture, after the Appellant appealed against the decision of the NCLAT.
Fair & Just Legal Solutions LLP
The Insolvency and Bankruptcy Code, 2016 ("IBC") is one of the biggest economic reforms in the Indian history.
The Insolvency and Bankruptcy Code has replaced the ‘debtor centric' insolvency regime with the ‘creditor centric' insolvency regime.
S.S. Rana & Co. Advocates
Resulting takeovers with restructuring the basic framework to move with new wave.
L&L Partners
Quite recently, Hon'ble National Company Law Appellate Tribunal ("NCLAT/ Appellate Authority") while deciding the issue, "whether the order of moratorium will cover a criminal proceeding under Section 138 of NI Act...?"...
S.S. Rana & Co. Advocates
The Insolvency and Bankruptcy Code, 2016 undergoes yet another amendment to ensure enforcement of the provisions of the Code aiming towards the fulfilment of its objective of time-bound resolution process.
Khaitan & Co
Khaitan & Co advised Liberty House Group in relation to insolvency resolution of ARGL Limited under the Insolvency and Bankruptcy Code, 2016.
Khaitan & Co
Khaitan & Co advised Liberty House Group in relation to insolvency resolution of Castex Technologies Limited under the Insolvency and Bankruptcy Code, 2016.
Nishith Desai Associates
Recently, the Supreme Court of India ("Supreme Court") in K. Kishan v. M/s Vijay Nirman Company P. Ltd., has considered whether the Insolvency and Bankruptcy Code, 2016 ("the Code") can be invoked in respect of an operational debt where the arbitral award passed against the operational debtor creating such debt, is pending challenge under Section 34 of the Arbitration and Conciliation Act, 1996 ("Act").
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Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
ClarkeKann Lawyers
PBAs are trust accounts, intended to protect down the line subcontractors from the insolvency of up the line contractors.
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.
Worrells Solvency & Forensic Accountants
Using credit repair and debt management firms may mean consumers pay high fees and not get the solution they're seeking.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
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
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
Worrells Solvency & Forensic Accountants
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Dhir & Dhir Associates
The moratorium in terms of Insolvency and Bankruptcy Code, 2016 (‘IBC') means a period wherein no judicial proceedings for recovery, enforcement of security interest, sale or transfer of assets, or termination of essential contracts can be instituted or continued against the Corporate Debtor.
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