Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
This TGIF considers a refusal by the Federal Court to declare void or terminate a DOCA on certain grounds.
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.
Cassels Brock
Bill C-971 including certain proposed amendments to the Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA) received Royal Assent on June 21, 2019.
Cassels Brock
A recent decision of the Alberta Court of Appeal has confirmed that court ordered restructuring charges granted pursuant to the Companies' Creditors Arrangement Act (CCAA) enjoy a higher priority.
McCarthy Tétrault LLP
The ongoing priority dispute between deemed trusts created under federal "fiscal statutes" (being the Income Tax Act, the Canada Pension Plan Act
S.S. Rana & Co. Advocates
The professionals play a key role in disbursing dues to all forms of creditors and pay out liabilities as per the Insolvency and Bankruptcy Code.
AMLEGALS
SEBI had filed an appeal in NCLAT against the approval of resolution plan in Assam Company Limited by NCLT
DMD® ADVOCATES
The amendment would enable the market to come up with dynamic resolution plans for value maximisation.
AMLEGALS
Excel Metal Processors Limited Vs. Benteler Trading International GMBH and Anr [Company Appeal (AT) (Insolvency) No. 782 of 2019], NCLAT;
LBF Partners
Zira, itirazın kaldırılması, alacaklının, yalnız ilamsız icra prosedürü içinde, genel mahkemelerden bu konuda bir ilam almadan çabuk ve basit yargılama usulü ile alacağına kavuşması sağlanmaktadır.
DLA Piper
While a range of outcomes, including a departure under the terms of the current Withdrawal Agreement, remains possible, it is important for businesses to plan for a no-deal Brexit.
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.
Jones Day
In In re O'Reilly, 598 B.R. 784 (Bankr. W.D. Pa. 2019), the U.S. Bankruptcy Court for the Western District of Pennsylvania denied the petition of a foreign bankruptcy trustee.
Jones Day
For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans.
Foley & Lardner
Recent economic indicators suggest that the manufacturing industry in the United States has contracted and that the economy may be headed towards recession.
Mintz
On August 23, 2019, President Trump signed into law the "Small Business Reorganization Act of 2019."
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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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