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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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Hogan Lovells | United Kingdom | 26 Nov 2020

Security is not "enforceable" if a required creditor consent has not been obtained

The recent English case Arlington Infrastructure Ltd (in administration) and another v Woolrych and others demonstrates the importance of a secured…
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Clayton Utz | Australia | 16 Nov 2020

Insolvency reforms: Corporate Insolvency Reforms Bill raises more questions than it answers

There remain a number of issues in the proposed insolvency reforms that need careful deliberation, particularly where the Regulations have yet to be…
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Macfarlanes LLP | United Kingdom | 16 Mar 2020

Crown preference and the prescribed part: A concern for secured creditors

In last week's Government budget, the Chancellor of the Exchequer confirmed that Crown preference would return but that this would be delayed to 1…
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Corrs Chambers Westgarth | Australia | 6 Mar 2020

With great risk, comes ‘just’ reward : Court rules on the entitlement of an indemnifying creditor

In 2015, a general purpose liquidator (GPL) was appointed to Bytecan, a company which installed mobile phone towers. The GPL later reported to…
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Bradley Arant Boult Cummings LLP | USA | 31 Oct 2019

The Split Widens: Third Circuit Joins Minority View Regarding Whether Secured Creditor Has Affirmative Obligation to Return Collateral to Debtor Upon Bankruptcy Filing

The circuit courts continue to wrestle over the duties imposed by the Bankruptcy Code’s automatic stay on creditors concerning turnover of a debtor’s…
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DLA Piper | Colombia | 19 Sep 2019

Secured creditors and Colombia’s insolvency proceedings

The enactment of Law 1676 of 2013 (Secured Interest Law) in the context of insolvency proceedings − reorganization and liquidation…
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