Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
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.
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.
SMARTLEGAL Schmidt&Partners
You should not start liquidation because you want to destruct the debtor financially.
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 ...
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.
Dentons
At the end of April 2019, the President of Ukraine signed the Code of Ukraine on Bankruptcy Procedures (the "Code").
Smith Gambrell & Russell LLP
On May 20, 2019, in deciding Mission Product Holdings, Inc. v. Tempnology, LLC, No. 17-1657, the U.S. Supreme Court settled a circuit split regarding an unresolved legal issue ...
Davis & Gilbert
Settling a circuit split, the U.S. Supreme Court, in an 8-1 decision, has concluded that a trademark licensee's rights are not automatically terminated when a debtor in bankruptcy rejects the license agreement.
Kramer Levin Naftalis & Frankel LLP
In response to the increasing prevalence of general partner (GP)-led secondary fund restructurings, the Institutional Limited Partners Association (ILPA) has released guidance regarding this practice.
Orrick
Buyer first argued that the anti-assignment clause could not invalidate the transfer as a matter of Delaware law.
Gibson, Dunn & Crutcher
Join a panel of seasoned Gibson Dunn attorneys for a discussion that will examine Section 363 sales and their alternatives, with particular focus on key issues that can impact the
Cadwalader, Wickersham & Taft LLP
On May 20, 2019, the United States Supreme Court resolved one of the most important outstanding issues at the intersection of bankruptcy and intellectual property law, namely whether,
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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