Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
When a liquidator is appointed to an insolvent corporate trustee, the liquidator should seek appointment as a receiver.
Bartier Perry
The receivers or liquidators of a trustee company will now be required to pay out employee entitlements in priority.
Matheson
An EU directive aimed at harmonizing Member State restructuring and insolvency laws (the "Directive") was published in the Official Journal on June 26, 2019 and entered into force on July 16, 2019.
Heuking Kuehn Lueer Wojtek PartGmbB
A severance payment awarded by dissolution proceedings may either be an insolvency claim or insolvency asset liability. The time the dissolution petition was made is decisive.
Herbert Smith Freehills
In Yeung Lui Ming v Tang Mo Lin Irene [2019] HKCFI 1848, the Hong Kong Court of First Instance set aside a sale of cemetery sites and a transfer of shares by a bankrupt individual on the basis that they constituted...
L&L Partners
Amendment in IBC qua MSME's: Ease, Endorse and ensure Expansion
Trilegal
The Insolvency and Bankruptcy Code (Amendment) Act, 2019 seeks to address critical gaps and inconsistencies in insolvency resolution timelines, payments received by operational creditors under
IndusLaw
On July 25, 2019, the IBBI notified amendments to the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 and the IBBI (Liquidation Process) Regulations, 2016.
Khaitan & Co
On 20 June 2019, the National Company Law Appellate Tribunal (NCLAT), in A.J. Agrochem v Duncans Industries Limited, passed an order deciding the issue of whether approval of the Central Government under Section 16G(1)(c) ...
AMLEGALS
The NCLAT, while relying upon Section 137 of the Limitation Act, 1963 concluded that the Appellant had approached an appropriate forum for relief in time and hence the application was not barred by limitation.
Dentons
The UNCITRAL Model Law on Cross-Border Insolvency was built on a model of modified universalism.
MJ Hudson
This article tells you what you need to know about the proposed reforms, their potential impact and the path to implementation.
BSA Ahmad Bin Hezeem & Associates LLP
Starting your own business is one of the most exciting decisions you can take. But it is imperative to follow fundamental rules and keep certain key considerations in mind to avoid facing financial issues that may lead to bankruptcy.
Moritt, Hock & Hamroff LLP
Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court.
Mintz
Transfers and transactions up to ten years old may be scrutinized, unwound and recovered by a trustee, the bankruptcy court sitting in Massachusetts recently
Duane Morris LLP
Recently, the U.S. District Court for the Central District of California (sitting as an appellate court) reversed the lower bankruptcy court's order disallowing the portion of a lender's
Mayer Brown
Pacific Gas and Electric Company's Chapter 11 filing earlier this year has highlighted an issue that is well settled but sometimes overlooked:
Gibson, Dunn & Crutcher
A Delaware bankruptcy court has held that a special committee's advisors cannot withhold privileged documents from a liquidation trustee appointed pursuant to a chapter 11 plan.
Moritt, Hock & Hamroff LLP
"An investment in knowledge always pays the best interest." Benjamin Franklin, The Way to Wealth: Ben Franklin on Money and Success (1758).
Mayer Brown
In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge
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VGC Law Firm
The default referred to herein above is in respect of a financial debt owed to any financial creditor.
Morrison & Foerster LLP
The Supreme Court's recent decision in Mission Product Holdings, Inc., v. Tempnology, LLC [1] clarifies that a debtor-licensor's rejection of a trademark license under § 365(a) ...
VGC Law Firm
The same have been briefly discussed in the present article.
Gibson, Dunn & Crutcher
After a significant wave in 2015 and 2016, bankruptcy filings in the exploration and production ("E&P") sector of the oil and gas industry temporarily leveled off.
Dhaval Vussonji & Associates
In contrast, the definition of operational debt is exhaustive in nature to mean inter alia a claim in respect of the provision of goods or services including employment.
AMLEGALS
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.
Cyril Amarchand Mangaldas
The Insolvency and Bankruptcy Code, 2016 (IBC) has been widely considered a landmark legislation that has brought about a paradigm shift in the recovery and resolution process.
Blaney McMurtry LLP
In Dermann v. Baker, 2019 ONCA 584, the Court considered the qualifying of certain witnesses as experts for the purposes of r. 53.03 of the Rules of Civil Procedure
Dhaval Vussonji & Associates
In our earlier article titled, "Homebuyers now Financial Creditors: Too many cooks spoil the resolution process?", we analysed the impact of the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018, ...
IndusLaw
The Specific Relief (Amendment) Act, 2018 (the "Amendment Act") amending the provisions of the Specific Relief Act, 1963 (the "Act") came into force on August 1, 2018.
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