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JSA | India | 12 Sep 2022

District Magistrate is not empowered to hear the borrower or third parties while deciding a Section 14 application filed by a secured creditor.

On August 3, 2022, a Division Bench of the Hon'ble Bombay High Court ("High Court") comprising of Justice K.R. Shriram, and Justice A.S. Doctor in…
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Addleshaw Goddard LLP | United Kingdom | 22 Jun 2022

Disguising preferences within layered corporate group arrangements

The case raises interesting points of practice for insolvency practitioners: a director consciously trying to evade or 'game' the statute won't work…
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Fox Mandal | India | 22 Jun 2022

Inter-Se Priority Among Secured Creditors in Liquidation - A Judicial Dichotomy

The Insolvency and Bankruptcy Code, 2016 (“IBC”/”Code”) came into force on 28th May, 2016 with the primary objective of consolidating and amending the…
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Cordato Partners | Australia | 31 Oct 2021

How $1.8 m of letting income was distributed by the receiver of a serviced apartment manager

Ruby Apartments held the management rights to 242 serviced apartments in Ruby One Tower, Surfers Paradise, when Receivers were appointed on 1 August…
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Corrs Chambers Westgarth | Australia | 8 Oct 2021

Liquidating a former trustee: what to do when there is no power to sell the assets

This week’s TGIF looks at In the matter of Gary John Anderson in his capacity as liquidator of G & G Contractors Pty Ltd (In Liquidation) [2021] FCA…
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Lexology PRO | Australia, Canada, European Union, etc. | 4 Oct 2021

60-second read: How trading with a futures exchange minimises risk

Futures exchanges can provide a well-regulated place to hedge physical commodities trade while minimising credit, settlement, and legal risk, according to Samantha Gilbert’s talk with Errol Bong, head of compliance & legal counsel at Noble Group.
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Shoosmiths LLP | United Kingdom | 3 Sep 2021

Insolvency in Scotland: Back to Basics - Part 1, Winding Up

A winding up petition is a form of legal action that can be used when a company is unable to pay its debts as they fall due. Sections 122 to 124 of…
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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......
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Australia, European Union, Global, etc. | 30 Apr 2021

Compliance management: key updates (21 – 30 Apr)

How to manage SPAC-related risks, handle an AML audit, and perform effective due diligence when partnering with a charity.
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Lexology PRO | Australia, Canada, China, etc. | 29 Apr 2021

SPACs: Key steps to managing risk

How companies should manage litigation and liability risks when dealing with special purpose acquisition companies (SPACs) in key jurisdictions around the globe.
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