7,941 results found
Khaitan Legal Associates | India | 25 May 2023
Debt & Default - to Admit or not to Admit
The Supreme Court of India, in its recent judgment passed in the case of M. Suresh Kumar Reddy v Canara Bank and Ors., has held that the existence of…
JSA | India | 5 Apr 2023
Supreme Court holds that an application for withdrawal of corporate insolvency resolution process under IBC can be allowed even prior to the constitution of the committee of creditors
A two-judge bench of the Supreme Court of India ("Supreme Court") in its recent judgment Abhishek Singh v. Huhtamaki PPL Ltd. and Anr. Has inter alia…
Patterson Belknap Webb & Tyler LLP | USA | 29 Mar 2023
Supreme Court Holds That Fraud Exception to Debt Discharge can Include Fraud by Someone Other Than the Debtor
We have previously blogged about Bartenwerfer v. Buckley, No. 21-908, a Supreme Court case concerning the scope of the fraud exception to the…
Reed Smith LLP | USA | 29 Mar 2023
Which Kind of Foreign Debtors are Eligible for Relief under Chapter 15 of the Bankruptcy Code - Is a Circuit-Level Split in the Offing?
Whether a foreign bankruptcy case can be recognized under chapter 15 if the foreign debtor does not satisfy the commands of both section 109 (of…
Han Kun Law Offices | China | 23 Mar 2023
金融债权追索路径拓宽之道（四） — 应对金融逃废债的“工具与狠活”
最高人民法院召开全国法院金融审判工作会议（下称“金融审判工作会议”），强化金融债权司法保护与打击逃废债是本次会议…
JSA | India | 24 Feb 2023
Certain employee statutory dues are not a part of the “liquidation estate” of a corporate debtor
In the case of State Bank of India v. Moser Baer Karamachari Union & Ors., the Supreme Court of India ("Supreme Court") has upheld the order of the…
JSA | India | 22 Feb 2023
A shortfall undertaking has been recognised as a financial debt under IBC
In the case of IL&FS Infrastructure Debt Fund v. McLeod Russel India Limited, the Kolkata bench of the National Company Law Tribunal ("NCLT") held…
Miller Thomson LLP | Canada | 17 Jan 2023
The Celsius bankruptcy and application of the bad debt rules
Many cryptocurrency lenders have declared bankruptcy. These loss events are indicators of the significant losses the cryptocurrency market has…
Loyens & Loeff | Belgium | 12 Dec 2022
Introduction of a general theory of restitution following breach of contract
These provisions are intended to apply to restitution which may arise from: 1° annulment of the contract (Article 5.62 NCC), 2…
Global Restructuring Review | Mexico | 9 Dec 2022
Mexico: The Pandemic Aftermath
Mexico continues to face unprecedented times and historical challenges since the current administration took office in December 2018. While the…
