LATEST ARTICLES
Australia
Vincent Young
Section 420A of the Corporations Act 2001 (Cth) (Act) obliges a receiver exercising a power of sale to take all reasonable care to sell the property for market value or the best price reasonably obtainable.
Vincent Young
Congratulations! You have just obtained an adjudication certificate. What comes next if the respondent refuses to pay the adjudicated amount?
Corrs Chambers Westgarth
When can a mortgagee claim a right to retain reasonable security for costs of anticipated litigation with a mortgagor?
Rostron Carlyle Rojas
Liquidation should be a last resort to financial difficulties, so consider these steps first.
Belgium
Loyens & Loeff
On 1 February 2024, the Belgian Parliament approved a new Book 6 of the Civil Code, which introduces significant changes to the country's tort liability regime.
Brazil
Tauil & Chequer
On April 5, 2024, the Brazilian Supreme Court, ruling on a Constitutional Complaint, ratified the imperative of Article 97 of the Federal Constitution and Binding Precedent 10...
Canada
Bennett Jones LLP
This week's highly anticipated decision of the Alberta Court of Appeal in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 [Qualex]...
MLT Aikins LLP
The spate of cannabis insolvencies over the past several years have heralded a number of developments in Canadian insolvency law.
Alberta Court Of Appeal Confirms Scope & Application Of Redwater Outside Of Formal Bankruptcy Regime
MLT Aikins LLP
In a landmark decision, the Alberta Court of Appeal (the Court) clarified the non-applicability of Redwater‘s environmental contamination principles to disputes between landowners outside insolvency proceedings.
Cayman Islands
Kroll HK Ltd
Kroll, the leading independent provider of global risk and financial advisory solutions, announced today the expansion of its Restructuring practice with the appointment of Angela Barkhouse.
Harneys
Justice Parker's decision of in North Sound Pharmaceuticals Inc concerns an appeal against the rejection of a proof of debt in a liquidation.
India
Argus Partners
The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ...
Argus Partners
The following is a snapshot of the important orders passed by the National Company Law Appellate Tribunal ("NCLAT"), under the Insolvency and Bankruptcy Code, 2016 ...
Khurana and Khurana
The classification of financial and operational debts within the context of insolvency proceedings presents a complex legal landscape that demands scrutiny and nuanced interpretation.
Argus Partners
On February 15, 2024, the Insolvency and Bankruptcy Board of India ("IBBI") amended the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 vide the Insolvency and Bankruptcy Board of India Regulations, 2024.
S&R Associates
The decision of the Bombay High Court (the "High Court") in Shiv Charan and Ors. v. Adjudicating Authority and Ors. ("Shiv Charan") has clarified the protection afforded to resolution applicants...
Argus Partners
On January 31, 2024, the Insolvency and Bankruptcy Board of India ("IBBI") amended the IBBI (Insolvency Resolution Process for Personal Guarantors to Corporate Debtors) Regulations, 2019.
Argus Partners
The Supreme Court on February 12, 2024 in ‘Greater Noida Industrial Development Authority v. Prabhjit Singh Soni' reported in 2024 SCC Online SC 122 sent back a resolution plan to the committee of creditors ("COC") for resubmission.
Argus Partners
In the case of ACRE – 81 Trust Through its trustee Assets Care & Reconstruction Enterprise Limited v. Pawan Kumar Goyal [2024 SCC OnLine NCLAT 90], the National Company Law Appellate Tribunal, Principal Bench.
Dillon Eustace
Generally speaking, no. Neither lending to (larger) corporate borrowers nor taking the benefit of security over assets located in Ireland requires a foreign or nonbank lender to be licenced...
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