Mondaq All Regions: Insolvency/Bankruptcy/Re-structuring
Corrs Chambers Westgarth
Recent decision serves as a reminder of the steps to be taken before commencing a 'mothership' preference claim proceeding.
Worrells Solvency & Forensic Accountants
The general rule in bankruptcy is that a person's property, including the family home, vests in the bankruptcy trustee.
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.
Borden Ladner Gervais LLP
In Gacias v. Equifax Canada Co., the Alberta Court of Queen's Bench summarily dismissed a claim against Equifax Canada, a credit reporting agency, ...
Gibson, Dunn & Crutcher
Le 6 juin 2019, le Conseil de l'Union européenne a définitivement adopté la directive (UE) 2019/1023 du 20 juin 2019 relativeaux cadres de restructuration préventive, ...
VGC Law Firm
On August 9, 2019, in State Bank of India v. M/s. Manibhadra Polycot & Ors., Civil Appeal Nos. 4656-4657 of 2019, the Supreme Court has set aside an order passed by the National Company Law Appellate Tribunal ...
Esin Attorney Partnership
Bankacılık Düzenleme ve Denetleme Kurumu ("BDDK") Finansal Sektöre Olan Borçların Yeniden Yapılandırılması Hakkında Yönetmelik'te ("Yönetmelik") değişiklik ("Değişiklik") yaptı.
Esin Attorney Partnership
The Banking Regulatory and Supervisory Authority (the "BRSA") amended (the "Amendment") to the Regulation on the Restructuring of Debts Owed to the Financial Sector (the "Regulation").
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.
Foley & Lardner
Wisconsin's Chapter 128 has long been something of a "wild west" of insolvency proceedings. Modeled on the provisions of the federal Bankruptcy Act of 1898,...
Jones Day
In In re Fraser's Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18, 2019), the court reversed a bankruptcy court order approving settlement agreements providing for the sale of certain
Arnold & Porter
The U.S. District Court for the Southern District of New York recently issued an important decision addressing the applicability of the Section 546(e)
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.
Hogan Lovells
Hogan Lovells partners Joe Bannister (UK), Heiko Tschauner (Germany), and Chris Donoho (U.S.) are part of the firm's Business Restructuring and Insolvency practice
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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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