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Insolvency
Insolvency/Bankruptcy
Australia
Kott Gunning
The proposed reforms continue temporary restrictions on a creditor's ability to use benefits and efficiencies of CSDs.
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.
Madgwicks
Challenging a liquidator's assertion that the company was insolvent at the time of the payments in question is complex.
Canada
Torys LLP
Uncertainties currently abound in many sectors and commercial real estate is no exception. While the COVID-19 pandemic has caused some level of distress in certain sectors of the ...
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 ...
Miller Thomson LLP
Recent years have seen a developing body of law in Alberta as to the application of the construction trust found in Section 22 (the "Section 22 Trust")
McMillan LLP
In its recent decision in Chandos Construction Ltd. v Deloitte Restructuring Inc., the Supreme Court of Canada (the "SCC")...
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.
Cayman Islands
Walkers
On 29 September 2020, Chief Justice Smellie QC handed down his judgment in the Matter of Premier Assurance Group SPC Ltd (in Controllership) (FSD Cause No. 210 of 2020)
Cyprus
Patrikios Pavlou & Associates
The guide provides expert legal commentary on out-of-court restructurings and consensual workouts
Hong Kong
Timothy Loh
In a soft touch provisional liquidation in Hong Kong, a provisional liquidator is appointed to pursue a corporate restructuring
Timothy Loh
Directors of Hong Kong companies operate in an environment of personal liability – a liability that is brought into sharp focus where companies face financial difficulties or even insolvency.
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...
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