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Insolvency
Australia
Kott Gunning
The proposed reforms continue temporary restrictions on a creditor's ability to use benefits and efficiencies of CSDs.
Kott Gunning
Directors should be mindful of any potential personal exposure and risk under any new personal guarantees..
BRI Ferrier
The video discusses this model for SME restructuring and provides a practical example of what is in the marketplace.
Corrs Chambers Westgarth
The dominant purpose of examinations is for the benefit of the company in liquidation, its contributories and creditors.
Madgwicks
When a liquidator brings a claim for an unfair preference against a company, the good faith defence may be available.
Corrs Chambers Westgarth
The Court emphasised the importance of the COI to ensure effective creditor representation in the winding up process.
KordaMentha
This podcast discusses current business challenges and the implications of upcoming changes to Safe Harbour legislation.
LegalVision
Temporary changes to insolvency laws during COVID-19 give some protection to companies having financial difficulties.
Bermuda
Walkers
Partners Kevin Taylor and Nicole Tovey, along with senior associates Benjamin McCosker and Shannon Dyer, have authored the Chambers 2020 Global Practice Guide: Insolvency - Bermuda: Law and Practice.
Canada
Norton Rose Fulbright Canada LLP
We previously reported on a lower court decision in the case of in 9354-9186 Québec inc. v. Callidus Capital Corp., the "Bluberi" decision, approving litigation funding arrangements in the context of a Canadian restructuring proceeding.
Norton Rose Fulbright Canada LLP
Guidance for businesses in times of crisis
McCarthy Tétrault LLP
In Pelletier (Re), 2020 ABQB 540, the Court of Queen's Bench of Alberta provided guidance on the requirements that must be met for a Canadian court to recognize a ...
Burnet, Duckworth & Palmer LLP
In Chandos Construction Ltd v Deloitte Restructuring Inc., 2020 SCC 25, the Supreme Court of Canada affirmed the common law anti-deprivation rule.
McCague Borlack LLP
In Ontario, the provincial legislation shows a commitment to protecting contractors and subcontractors by enabling them to collect outstanding balances owing for services and materials through the use of construction trusts, holdbacks and liens.
Cyprus
Patrikios Pavlou & Associates
The guide provides expert legal commentary on out-of-court restructurings and consensual workouts
Hong Kong
Akin Gump Strauss Hauer & Feld LLP
In Re Ando Credit Limited [2020] HKCFI 2775 ("Re Ando"), the Hong Kong Companies Court recently appointed provisional liquidators over a Hong Kong company, Ando Credit Limited, in novel circumstances with potentially significant consequences.
Timothy Loh
In a soft touch provisional liquidation in Hong Kong, a provisional liquidator is appointed to pursue a corporate restructuring
India
Khaitan & Co
The Insolvency and Bankruptcy Board of India (IBBI) on 13 November 2020 issued the Insolvency and Bankruptcy Board of India (Liquidation Process) (Fourth Amendment) Regulations...
Parinam Law Associates
In a welcome move, the Hon'ble Supreme Court, in its Order dated 29th October 2020 in Transfer Petition (Civil) No. (s). 1034 of 2020 ("Transfer Petition"), directed transfer of all writ petitions...
William Fry
High Court considers the meaning of when a company is insolvent for the purposes of an examinership and exercises its discretion against the appointment of an examiner on the basis of a lack of engagement with landlords.
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