Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
The voluntary administrator could claim costs of care, preservation and realisation of partnership assets of the company.
Fogler, Rubinoff LLP
While the board of directors of a corporation governed by the OBCA has the power to declare dividends, its authority to declare and pay cash dividends is subject to compliance with two statutory solvency tests.
Ogier
The global Ogier R&I team have been involved in many of the most complex and high-value offshore schemes and restructurings in recent years including Ocean Rig, QGOG/Constellation Overseas, Shire, Rangold Resources, Abraaj Group and Action Real Estate.
Walkers
Off with his head! An offshore perspective – Is the "headcount test" heading for the guillotine.
Orrick
As part of a continued effort in Europe to reform insolvency legislation, the British government issued a paper in March 2018 as a response to a draft directive published by the European Commission in November 2016.
IndiaLaw LLP
List of applications admitted by NCLTs under Insolvency and Bankruptcy Code, 2016 with details of public announcements inviting claims
Cyril Amarchand Mangaldas
The Reserve Bank of India ("RBI") has issued the Reserve Bank of India Directions, 2019 on June 07, 2019[1] in which the RBI has continued the core principles of its circular dated February 12, 2018...
Khaitan & Co
The RBI issued a revised prudential framework for resolution of stressed assets on 7 June 2019 in supersession of the erstwhile circular on Resolution of Stressed Assets dated 12 February 2019 which was struck down ...
Dhaval Vussonji & Associates
It was also held that any further action by Dena Bank to enforce its security interest would be covered under the moratorium.
PUNUKA Attorneys & Solicitors
The insolvency procedures recognised by the Act are, in that sense, either collective or non-collective and undertaken by Insolvency Practitioners.
Ozbek Attorney Partnership
19 Aralık 2018 tarihli ve 30630 sayılı Resmî Gazete ile Abonelik Sözleşmesinden Kaynaklanan Para Alacaklarına İlişkin Takibin Başlatılması Usulü Hakkında Kanun ("Kanun") yayımlanmıştı.
Gün + Partners
There are 62 active insurance companies incorporated in Turkey, consisting of 39 non-life insurers, 18 life and pension insurers, four life insurers and one reinsurer.
Skadden, Arps, Slate, Meagher & Flom (UK) LLP
The U.K. government is proposing to reintroduce preferential status to certain taxes in U.K. insolvencies beginning 6 April 2020.
Dentons
At the end of April 2019, the President of Ukraine signed the Code of Ukraine on Bankruptcy Procedures (the "Code").
Orrick
The Ninth Circuit Court of Appeals recently held that a secured creditor's purchase of general unsecured claims to block confirmation of a Chapter 11 plan did not in itself constitute bad faith.
Orrick
The Fifth Circuit Court of Appeals reminded the plaintiff that standing is "determined as of the commencement of the suit" and post filing claims purchases will not suffice to establish standing.
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Can a trademark licensee continue using a licensed trademark (legally, that is) even after the licensor has declared bankruptcy and—as allowed by the Bankruptcy Code
Orrick
Another decision has been issued that reinforces that section 553 does not allow setoff without mutuality, or "triangular setoff."
Ward and Smith, P.A.
A recent article addressed the general issue of discharging debts in bankruptcy and various grounds for excepting debts from discharge in Chapter 7
Stites & Harbison PLLC
Last week, in Mission Products, Inc. v. Tempnology, LLC, ___ U.S. ___, Case No. 17-1657 (May 20, 2019), the U.S. Supreme Court resolved a circuit split ...
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VGC Law Firm
The same have been briefly discussed in the present article.
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.
Nishith Desai Associates
With almost two years since the introduction of the Insolvency and Bankruptcy Code, 2016 ("IBC" and "Code"), there have been various challenges in the effective implementation of the Code.
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, ...
VGC Law Firm
It is apparent from the ongoing practice that IRPs consider the date of receipt of order as the date of the appointment.
Watson Goepel LLP
The use of trusts and other vehicles for business and asset protection purposes is a long-standing practice.
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 Insolvency and Bankruptcy Code, 2016 ("Code") is considered as one of the biggest economic reforms.
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.
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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