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Insolvency
Australia
Kells
If money is owed to you by a company, you are a creditor, and available options can recover some, if not all the debt.
Blackwattle Legal
The peak indebtedness rule employed by liquidators to maximise recovery of unfair preference claims has been abolished.
Blackwattle Legal
A company's constitution could empower an inquorate board to increase the number of directors to constitute a quorum.
Corrs Chambers Westgarth
A liquidator's decision to accept a 'proof of debt' was successfully challenged due to a lack of binding evidence.
Corrs Chambers Westgarth
The examinations could still have a legitimate 'purpose', even if there was speculation about the examiner's 'motive'.
Piper Alderman
The Liquidator could rely on the unreconciled accounts to determine the insolvency of the Company.
Worrells Solvency & Forensic Accountants
Failure to comply with a Section 139ZQ notice can attract a maximum criminal penalty of six months' imprisonment.
Worrells Solvency & Forensic Accountants
Builders' licences are automatically cancelled when a company enters into a formal external administration.
Austria
Preslmayr Rechtsanwälte OG
Mit dem am 17.7.2021 in Kraft getretenen Bundesgesetz über die Restrukturierung von Unternehmen wird in Umsetzung einer europäischen Richtlinie ein neues gerichtliches...
British Virgin Islands
Maples Group
A recent decision of the British Virgin Islands ("BVI") Commercial Court has seen The Honourable Justice Jack (Ag) clarify the 'aggrieved person' test for an interloper seeking...
Canada
McMillan LLP
The Supreme Court of Canada's recent decision in Canada v. Canada North Group Inc.[1] provided much needed clarity regarding the order of priority for unremitted source deductions in restructuring proceedings.
Cayman Islands
Ogier
ケイマン諸島と香港の裁判所は、この数ヶ月、ケイマン諸島の会社を再編することを目的とするクロスボーダーの申立てについて、関連す
Ogier
The Grand Court has recently provided helpful clarification as to the appropriate test to be applied when a dispute arises over the identity of the insolvency practitioners proposed to be appointed by a creditor or the company.
European Union
Walkers
The Channel Islands of Guernsey and Jersey did not introduce emergency insolvency legislation as a result of the Covid-19 pandemic and do not presently have ...
Germany
Mayer Brown
Unfortunately, the legislator has also failed to regulate the consequences of the suspension of the obligation to file for insolvency.
India
Dua Associates
Only by shoring up the insolvency mechanism and tackling huge pendency of cases can confidence of creditors be restored.
Phoenix Legal
The Hon'ble Supreme Court in its recent decision in Anjali Rathi and Ors. v. Today Homes & Infrastructure Pvt. Ltd. and Ors.
Khurana and Khurana
The Supreme Court of India recently pronounced the milestone judgment of P. Mohanraj V. Shah Brothers Ispat Pvt. Ltd.
Rajani Associates
The era before Insolvency and Bankruptcy Code ("Code") in India had various disseminated laws relating to insolvency and bankruptcy which caused inadequate and ineffective results with undue delays...
RPV Legal
The Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 ["Ordinance"] was promulgated on the 4th of April, 2021 as an amendment to the Insolvency and Bankruptcy Code...
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