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Insolvency
Insolvency/Bankruptcy
Australia
Cathro & Partners
Creditors can apply to the court to appoint a provisional liquidator if there is a risk of company assets being dissipated.
Cathro & Partners
A PIA is an alternative to bankruptcy, allowing debtors to negotiate a debt repayment plan with their creditors.
Bennett & Philp Lawyers
When a company is unreasonably deadlocked by shareholder disputes, the shareholder may apply to have it wound up.
Corrs Chambers Westgarth
Complex and multinational schemes are likely to mean that liquidators require extra time to commence proceedings.
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.
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
Rotfleisch & Samulovitch P.C.
In January 2024, the Canada Revenue Agency's Income Tax Rulings Directorate published its first two technical interpretations on the newly minted "house flipping" rules under section 12 of the Canadian Income Tax Act.
Fasken
In the recent decision of Invico Diversified Income Limited Partnership v NewGrange Energy Inc, 2024 ABKB 214 ("NewGrange"), the Alberta Court of King's Bench...
Fasken
On April 8, 2024, the Alberta Court of Appeal released its highly anticipated decision in Qualex-Landmark Towers Inc v 12-10 Capital Corp, 2024 ABCA 115 (the "Appeal Decision").
Blake, Cassels & Graydon LLP
Several significant judicial decisions and legislative updates occurred in 2023 that are relevant to commercial lenders, businesses and restructuring professionals.
McCarthy Tétrault LLP
On April 16, 2024, Canada's Deputy Prime Minister and Minister of Finance, Chrystia Freeland, delivered the Liberal Government's federal budget, Fairness for Every Generation (Budget 2024).
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.
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
Conyers
We have published a series of articles dealing with directors' duties in the zone of insolvency. In previous briefings, we have written about the high-profile UK Supreme Court ruling in Sequana...
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.
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