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Commentary

Clasis Law | India | 20 Jul 2021

Secured creditors cannot challenge resolution plans for higher payment based on value of security interest

The division bench of the Supreme Court recently held that when a resolution plan is duly approved by the committee of creditors in accordance with the provisions and objective of the Insolvency and Bankruptcy Code, a secured financial creditor cannot challenge such a resolution plan merely to insist that a higher amount should be paid to it based on the value of the security interest held by......
Article

DAC Beachcroft | United Kingdom | 19 Jul 2021

Filing multiple Notices of Intention - the decision in Seabrook

In 2016, the High Court determined that a person may propose to do something without having a settled intention to do it and dismissed an application…
Article

Güleryüz & Partners Attorneys at Law | Turkey | 7 Jul 2021

Release: Discharge of a Board Member from Legal Liability

Release is one of the primary resolutions the shareholders can adopt regarding Board of Directors ["Board"] members. With release, the general…
Article

Slotine | Hong Kong | 29 Jun 2021

Compulsory winding-up: What to expect once a creditor has petitioned

The term “winding-up” refers to the sale of a company’s assets to settle its debts and distribute the surplus (if any) to its shareholders. Once this…
Article

PDLegal LLC | Singapore | 10 Jun 2021

Impact of insolvency and liquidation on claims involving commercial fraud

Victims of fraud often face an uphill battle in seeking restitution for their loss. While claims grounded in contract, tort, and equity are available…
Analysis PRO

Lexology PRO | European Union, Global, USA | 2 Jun 2021

The case for depositor preference: Its impact on depositors and banks, and the IMF’s position

The case for depositor preference: Its impact on depositors and banks, and the IMF’s position, by Arthur Rossi, research officer at the legal department of the IMF.
Article

Irwin Mitchell LLP | United Kingdom | 23 Apr 2021

Part 26A challenge costs: to be determined following Virgin Active sanction

Creditors with legitimate grounds to challenge scheme or restructuring plan proposals and who assist the court in so doing should not…
Article

Watson Farley & Williams | United Kingdom | 12 Mar 2021

Know your debtor: ship arrests for claims against bareboat charterers

This means that maritime trade creditors such as bunker suppliers, port (or travel) agents, ship victuallers and repairers and the like who often…
Article

Morrison & Foerster LLP | USA | 3 Mar 2021

Developments of Creditor Rights in Private Debt

Despite the COVID-19 pandemic, 2020 proved that the European private debt market remains strong. A 2021 Preqin Private Debt Report revealed that…
Article

Loyens & Loeff | Belgium | 24 Apr 2020

Restructuring update - Belgian government imposes temporary statutory moratorium on creditors’ rights

Belgium has already taken numerous measures to mitigate the economic impact of the coronavirus (COVID-19). The federal government has now also decided temporarily to protect debtors
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