Mondaq All Regions: 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.
Worrells Solvency & Forensic Accountants
A bankrupt's property vests in (belongs to) the bankruptcy trustee, until the bankruptcy administration is finalised.
Worrells Solvency & Forensic Accountants
This article looks at which common debts are extinguished in a bankruptcy, and some which are specifically excluded.
KRYS Global
In October 2016, the Liquidators sought leave to amend their complaints filed in the U.S. Redeemer Actions.
McMillan LLP
We previously wrote about the decision in The Queen v. Callidus Capital Corporation of the Federal Court of Appeal in our Restructuring and Tax Bulletin.
Walkers
A question that we are regularly asked by general counsel is what options are available where a Cayman Islands holding company is facing an imminent debt crisis.
Katona & Partners Attorneys at Law
Irodánk jogi képviseletet és jogi tanácsadást vállal fizetésképtelenségi ügyekkel összefüggésben az egyes ügyletek megkötését, projektek lebonyolítását megelőzően az esetlegesen felmerülő kockázatok...
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.
Ozbek Attorney Partnership
COMMUNIQUÉ ON PROCEDURES AND PRINCIPLES ON IMPLEMENTATION OF ARTICLE 376 OF THE TURKISH COMMERCIAL CODE NO. 6102 ("COMMUNIQUÉ") ENTERED INTO FORCE
Squire Patton Boggs LLP
A precedential decision issued on November 28, 2018 by the U.S. Court of Appeals for the Third Circuit highlights the limits of bankruptcy judges' authority to transfer non-core proceedings to other courts.
Reed Smith (Worldwide)
Mr Justice Hildyard, who continues to amass expertise on schemes of arrangements, recently ruled against convening a single meeting of creditors on a scheme of arrangement proposed by Stronghold Insurance Company Limited (Stronghold) (the Scheme).
Mintz
The United States Supreme Court has agreed to address "[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor's ‘rejection' of a license agreement—which ‘constitutes a breach of such contract,' 11 U.S.C. §365(g)—terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
Caplin & Drysdale
The United States Court of Appeals for the Sixth Circuit recently examined and then clarified and set forth the test for evaluating the appealability of bankruptcy orders in an opinion released in the case Ritzen Group v. Jackson Masonry.
Moritt, Hock & Hamroff LLP
In a much needed and welcomed bipartisan effort, Sen. Chuck Grassley (R-Iowa) and Sen. Sheldon Whitehouse (D-R.I.) introduced a bill last week that, if approved, would make bankruptcy...
Squire Patton Boggs LLP
The recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation ...
Squire Patton Boggs LLP
Can a senior secured creditor, who credit bid for substantially all of a debtor's assets, contribute non-estate property to a litigation trust for the benefit of general unsecured creditors...
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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.
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.
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.
IndusLaw
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.
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