Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Pointon Partners
If there are competing applications for substitution, the Court has discretion to decide which application is successful.
Corrs Chambers Westgarth
The WA Court approved the remuneration, but deferred any decisions about trust distributions until after the High Court.
Holding Redlich
The aim of the new regime is to preserve the enterprise value of a business undertaking a formal restructure process.
BRI Ferrier
Management should prepare now for an increase in debt costs to avoid any negative impact on their business operations.
Davies Collison Cave
The Australian Federal Government's controversial ipso facto stay regime took effect on 1 July 2018.
Knoetzl
Director's liability is a recurring issue in both the Austrian and German courts. One reason is that, when a company goes into bankruptcy, its receivers and creditors tend to look for alternative sources of funds...
Papazian | Heisey | Myers
This is the first in a series of articles examining the Transfer at Undervalue provisions set out in section 96 of the Bankruptcy and Insolvency Act (which I'll refer to in these articles as the "BIA").
Papazian | Heisey | Myers
This is the second in a series of articles examining the Transfer at Undervalue provisions set out in section 96 of the Bankruptcy and Insolvency Act (which I'll refer to in these articles as the "BIA"). This article will examine the purpose of section 96 within the context of the BIA.
Katona & Partners Attorneys at Law
Alles was einen Anfang hat, hat auch ein Ende!
Dhir & Dhir Associates
While the case for employees may be rooted in social welfare, liquidation as a going concern of a financially troubled entity also makes sound business sense.
STA Law Firm
Prominent American Essayist Ralph Waldo Emerson once said that money often costs too much.
BSA Ahmad Bin Hezeem & Associates LLP
The article discusses preventative settlement, financial reorganization and restructuring, liquidation process, as well as preventative settlement and financial reorganization for small debtors.
Withers LLP
Court-directed mediations are expected to be part of wide-ranging reforms to Singapore's insolvency statutory regime in the second half of 2018.
ENSafrica
It has been long-established by the classic fundamental principles of corporate law that companies are separate and distinct persons from their shareholders, directors and officers.
Ozogul Yenigun & Partners
Yargıtay İçtihatları Birleştirme Hukuk Genel Kurulu'nun, meri teminat mektuplarının bedelleri ve henüz ibraz edilmemiş çek yapraklarının kanuni karşılıkları yönünden bankanın talebi üzerine, ...
Reed Smith (Worldwide)
Former world number one and three-time Wimbledon champion Boris Becker, who was declared bankrupt by an order dated 21 June 2017, is claiming diplomatic immunity against ongoing bankruptcy...
Duane Morris LLP
In a recent decision out of the U.S. Bankruptcy Court for the Western District of Virginia, a court analyzed the effect of a setoff effectuated between two governmental units in the 90 days...
Duane Morris LLP
The Supreme Court's opinion has implications for both creditors and borrowers in future transactions.
WilmerHale
ABI's Quick Evidence Handbook, Second Edition is a practical and highly accessible primer on the mechanics of admitting (or excluding) evidence in bankruptcy cases.
Thompson Coburn LLP
A recent Delaware bankruptcy court decision may leave bankruptcy-claim traders somewhat confused as to how to properly navigate the anti-assignment "override provisions" set forth
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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.
ClarkeKann Lawyers
PBAs are trust accounts, intended to protect down the line subcontractors from the insolvency of up the line contractors.
Worrells Solvency & Forensic Accountants
Section 588FDA of the Corporations Act provided that it was voidable as an unreasonable director-related transaction.
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.
Stacks Law Firm
Creditor sues for money received by bankrupt from his late mother's superannuation fund.
Corrs Chambers Westgarth
Options available to liquidators when examinee fails to appear including option of adverse costs orders if examinee appeals.
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
AFSA has recently released annual statistics, trends and also data about personal insolvency causes for the 2016-17 year.
Worrells Solvency & Forensic Accountants
A company director who receives a statutory demand for payment from a creditor must act appropriately within 21 days.
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