Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring > Insolvency/Bankruptcy
Kott Gunning
Anti-phoenixing legislation was reintroduced into Federal Parliament, after lapsing earlier in 2019 due to the election.
Corrs Chambers Westgarth
Recent decision serves as a reminder of the steps to be taken before commencing a 'mothership' preference claim proceeding.
Worrells Solvency & Forensic Accountants
The general rule in bankruptcy is that a person's property, including the family home, vests in the bankruptcy trustee.
Worrells Solvency & Forensic Accountants
Advisors and business owners should get early expert advice on this issue of employee versus contractor entitlements.
Worrells Solvency & Forensic Accountants
The premise of these arrangements allows consumers to obtain goods/services immediately and to pay for them over time.
KordaMentha
The construction industry represents 23% of all external administrations, despite accounting for only 8% to 10% of GDP.
Walkers
Creditors should exercise caution when negotiating payment terms, asset transfers or securitisation transactions with companies which are in the zone of insolvency. Such transactions are vulnerable
Walkers
Creditors should exercise caution when negotiating payment terms, asset transfers or securitisation transactions with companies which are in the zone of insolvency.
Dentons
In Ridel v Goldberg, 2019 ONCA 636, the Court of Appeal for Ontario considered whether a judgment creditor was statute-barred from pursuing a claim for contribution and indemnity
VGC Law Firm
On August 9, 2019, in State Bank of India v. M/s. Manibhadra Polycot & Ors., Civil Appeal Nos. 4656-4657 of 2019, the Supreme Court has set aside an order passed by the National Company Law Appellate Tribunal ...
Jones Day
In In re Fraser's Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18, 2019), the court reversed a bankruptcy court order approving settlement agreements providing for the sale of certain
Arnold & Porter
The U.S. District Court for the Southern District of New York recently issued an important decision addressing the applicability of the Section 546(e)
Kirkland & Ellis International LLP
On September 9, 2019, the Treasury Department ("Treasury") and the Internal Revenue Service (the "IRS" or "Service")
Kirkland & Ellis International LLP
On September 9, 2019, the Treasury Department and Internal Revenue Service (the "IRS" or "Service") issued proposed regulations
Cadwalader, Wickersham & Taft LLP
On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of the Peabody Energy Chapter 11 plan ("Plan")1
Jones Day
On June 3, 2019, the U.S. Supreme Court ruled in Taggart v. Lorenzen, 139 S. Ct. 1795 (2019), that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in bankruptcy.
Jones Day
The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp.
Jones Day
In In re Ultra Petroleum Corp., 913 F.3d 533(5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit ruled that a "make-whole," or "prepayment," premium owed on unsecured notes.
Hogan Lovells
Hogan Lovells partners Joe Bannister (UK), Heiko Tschauner (Germany), and Chris Donoho (U.S.) are part of the firm's Business Restructuring and Insolvency practice
Tauil & Chequer
O Município de Porto Alegre publicou minuta de edital relativa à concessão dos serviços de gestão, operação e manutenção do Trecho 2 do Parque da Orla do Guaíba
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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) ...
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
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.
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 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.
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.
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.
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
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, ...
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