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Khaitan Legal Associates | India | 18 Apr 2022

Limited Jurisdiction of NCLT - A Reminder by the Supreme Court

When the Insolvency & Bankruptcy Code, 2016 ("IBC") was notified in 2016, one of its most talked about provisions was the limited scope of…
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Cordato Partners | Australia | 6 Mar 2022

The Fraudulent Conveyances Act of 1571 is still voiding fraudulent property transfers 450 years later

In the 1500s, debtors in England would avoid paying their debts by transferring property to friends or family as a gift or for undervalue, move to a…
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Nagashima Ohno & Tsunematsu | Japan | 27 Dec 2021

Restructuring and Insolvency of Distressed Businesses in Japan during COVID-19

Since the onset of the COVID-19 pandemic, as in many other countries around the world, Japan has seen an increase in the number of companies that…
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Buckley LLP | USA | 14 Oct 2021

California enacts several consumer financial protection measures

Recently, the California governor enacted several state bills relating to consumer financial protection. On October 6, AB 790 was signed, which…
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Duane Morris LLP | USA | 7 Oct 2021

Avoidance powers cannot be used to generate windfalls for debtors

The Bankruptcy Code confers upon debtors or trustees, as the case may be, the power to avoid certain preferential or fraudulent transfers made to…
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K&L Gates LLP | United Arab Emirates | 1 Oct 2021

The United Arab Emirates clarifies previous uncertainty regarding payment orders

The Payment Order process is intended to provide an expedited way of obtaining a judgment for payment in straightforward debt cases and helps…
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Herbert Smith Freehills LLP | Australia | 15 Sep 2021

VB Leaseco Pty Ltd (administrators appointed) v Wells Fargo Trust Company NA (trustee)

In November 2021, the High Court of Australia will consider the application of the Convention on International Interests in Mobile Equipment done at…
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Brodies LLP | United Kingdom | 10 Sep 2021

Bouncing Back with Bankruptcy Restriction Orders

An individual ceased trading his Scaffolding firm in Sunderland in December 2019 and immediately began employment with a third party; despite which…
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Oldham Li & Nie | Hong Kong, United Kingdom | 5 Aug 2021

Dissipation of Assets by Debtor - How Lumley v Gye Tort Can Assist Creditor

One of the common questions a desperate creditor would ask is whether he/ she can go after the ultimate owner/ the…
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Augusta Abogados | Spain | 18 Jun 2021

Reestructuración de deuda financiera covid: requisitos de los deudores para la reestructuración de la deuda avalada públicamente, incluida la posibilidad de quitas.

El pasado 12 de marzo el Gobierno publicaba el conocido Real Decreto-Ley 5/2021 de medidas extraordinarias de apoyo a la solvencia empresarial en…
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