Proceedings against the personal guarantor of a corporate debtor may be pursued independently
Supreme Court bench made up of Justice S Abdul Nazeer and Justice Vikram Nath see…
Browsing: Debtor
Interim financing – A corporate debtor needs! A revolutionary investment opportunity
The goal of enacting the Insolvency and Bankruptcy Code, 2016 is eminent for all. However,…
Supreme Court Upholds Proceedings Under NI Act Against Company Director
By Taxscan Team – May 4, 2022 9:43 p.m. A three-judge bench of the Supreme…
Debtor in possession bankruptcy for MD Helicopters?
Wilmington, DEMD Helicopters Inc. appears to have secured financing that will see the company emerge…
The moratorium only applies to debtor companies; Individuals like its director would continue to be liable U/s 138 NI Act: Supreme Court
The Supreme Court reiterated that the moratorium provisions contained in Section 14 of the Insolvency…
NCLAT Delhi Confirms Corporate Debtor Cannot Be Sent For Liquidation Just Because Liquidation Value Is Higher Than Resolution Plan Value
the National Company Law Appeal Tribunal (“NCLAT”)main bench, composed of composed of Judge Ashok Bhushan…
Ellwood Medical Center debtor files bankruptcy suit
Ellwood City Medical Center Operations is seeking to recover $27,000 in transfers from Transport U…
[AD] Notice Regarding High Court Bankruptcy Proceedings HCB 1580/2021 Against Debtor Shen Xiao AASTOCKS Financial News
You expressly agree that use of this application/website is at your own risk. AASTOCKS.com Limited,…
Bankruptcies of individual debtors up 30% in one year
Written by Abraham Galvan on April 12, 2022 Advertisement Unusual times continue for Miami-Dade businesses…
[COLUMN] Is Chapter 7 or 13 more suitable for debtors with $50,000 credit cards? —
The debtor also has a collection lawsuit for $10,000 THE client is 48 years old…
Bankruptcy of the debtor: a legal analysis
Although the Bankruptcy Act offers certain benefits to stakeholders, the Act suffers from several shortcomings.…
Utah Court of Appeals Allows Additional Remedy to Stop Judgment Debtor Hiding Behind Charging Order
Earthgrains Baking Companies, Inc. vs. Sycamore[1] involved a long-term attempt by Earthgrains Baking Companies, Inc.…
NCLT Chennai explains the difference between the sale of “corporate debtor as a going concern” U/R 32(E) and the sale of “corporate debtor’s business as a going concern” in IBC
the NCLT Division Bench, Chennai composed of R. Sucharitha, judicial member and Sameer Kakar, technical…
Property in which the judgment debtor has a beneficial interest, even if it is not legal title, is subject to levy | Schlam Stone & Dolan LLP
On February 9, 2022, Judge Barry R. Ostrager of the New York County Commercial Division…
The institution of a lawsuit against a debtor company during the moratorium is prohibited IBC U/S 14: ITAT
By CP of Jwala – March 21, 2022 8:46 a.m. The Income Tax Appeal Tribunal…
NCLAT orders full release of provident fund for former employees
By CP of Jwala – March 20, 2022 1:08 p.m. The National Company Law Appellate…
Withdrawing the CIRP can save the debtor company
JThe purpose of the Insolvency and Bankruptcy Code, 2016 (IBC) is to maximize the value…
Your debtor’s assets are just a click away! – Insolvency/Bankruptcy/Restructuring
Turkey: Your debtor’s assets are just a click away! February 22, 2022…
Exclusion of time from CIRP helps restart debtor company operations, such exclusion must be allowed: NCLT
By Taxscan Team – On February 20, 2022 11:07 The Delhi Bench National Company Law…
If the exclusion of time from the CIRP helps the debtor company to restart its operations, such an exclusion must be authorized: NCLAT
The NCLAT Single Bench consisting of Judge M. Venugopal, Judicial Member in the case of…
“Credit Debtor Exception” for Post-Petition Interest on Unsecured Claims (In re Hertz)
The notice is Wells Fargo Bank, Indenture Trustee c. The Hertz Corp. (In re The…
During moratorium, cannot sue against ‘corporate debtor’: High Court of Punjab and Haryana : The Tribune India
Tribune press service Saurabh MalikChandigarh, February 16The Punjab and Haryana High Court has…
What do you do if a debtor fails to adhere to their confirmed bankruptcy plan? | Miller Canfield
A recent opinion from the Michigan Court of Appeals explained that when a debtor defaults…
What do you do if a debtor fails to adhere to their confirmed bankruptcy plan?
Related practices and jurisdictions Tuesday, February 15, 2022 A recent opinion from the Michigan Court…
When is a guarantee claim reduced by collection in the event of a debtor’s bankruptcy? | Morgana Lewis
Let’s take the example of a lender who extends a term loan in the amount…
When is a guarantee claim reduced by collection in the event of a debtor’s bankruptcy? – Publications
Overview February 10, 2022 Let’s take the example of…
Involuntary + ABC + Voluntary [All For Same Debtor] = Stay and transfer orders (In re Aliera)
An “Order Staying Subsequent Bankruptcy Cases” comes from In re The Aliera Companies Inc.Case No.…
Lender wins appeal against €573m restructuring debtor
By Lucia Osborne-Crowley (February 4, 2022, 4:54 p.m. GMT) – The Court of Appeal ruled…
IBC – Operational debt includes advance payment made to a debtor company for the provision of goods or services: Supreme Court
The Supreme Court observed that the operational creditor includes all those who provide or receive…
Debtor’s attorney failed to mitigate the attorneys’ fees incurred for the violation of Section 362(k) by rejecting the settlement offer; Proceed to trial | Smith Debnam Narron Drake Saintsing & Myers, LLP
Section 362(k) of the United States Bankruptcy Code allows a person injured by a willful…
Delaware Court Says Dismissal Eliminates Non-Debtor’s Exclusive Right to Provide Services to Debtor – Insolvency/Bankruptcy/Restructuring
Nine Point Energy Holdings, Inc. and its affiliates (collectively, “Nine Point” or “Nine Point Debtors”)…
Roth IRAs, like traditional IRAs, are excluded from Georgia debtor bankruptcy
In a first-print case, the Eleventh Circuit has ruled that Roth IRAs are excluded from…
Bankruptcy Court Rules Debtor-Assessor Not Safe for Pre- and Post-Assignment Damages Under Lease Assigned Before Bankruptcy Because Landlord Never Granted Release | Pillsbury Winthrop Shaw Pittman LLP
FundBefore filing Chapter 11 as part of the RGN Group case, H-Work LLC (H-Work) was…
Delaware Court Says Dismissal Eliminates Non-Debtor’s Exclusive Right to Provide Services to Debtor | Jones Day
Nine Point Energy Holdings, Inc. and its affiliates (collectively, “Nine Point” or “Nine Point Debtors”)…
California Bankruptcy Court Says Debtor Barred From Challenging State Court Fraud Judgment Void – Finance & Banking
United States: California Bankruptcy Court Says Debtor Barred From Challenging State Court Fraud…
California Bankruptcy Court Says Debtor Barred From Challenging State Court Fraud Judgment Void
The United States Bankruptcy Court for the Central District of California recently ruled that a…
Liability of the personal guarantor of the debtor company vis-à-vis the insolvency and bankruptcy code
In accordance with article 128 of theIndian Contracts Act, 1872, the liability of a guarantor…
IBC | Statutory authority cannot raise new claim against debtor company after approval of resolution plan: Bombay High Court
The Bombay High Court has ruled that no statutory authority, including income tax authorities, can…
Singapore Court Provides Guidance on Conducting Debtor’s Bankruptcy Application
introduction Debtor bankruptcy claims may be considered less common than creditor bankruptcy claims. The law…
Delaware court rules dismissal eliminates non-debtor’s exclusive right to provide services to debtor
Nine Point Energy Holdings, Inc. and its affiliates (collectively, “Nine Point” or “Nine Point Debtors”)…
Canada’s first licensed debtors lawyers complete training and are ready to serve financially struggling Canadians
Debtors Association of Canada raises the bar of expertise available to help those in debtHAMILTON,…
Canada’s first Certified Debtor Advocates have completed their training and are ready to serve Canadians in financial difficulty
The Canadian Debtors Association raises the bar of expertise available to help those in debtHAMILTON,…
Debtor’s request for rejection c. Chapter 13 Creditor’s Conversion Motion — The 9th Circuit Decision in In Re Nichols
On September 1, 2021, the Ninth Circuit issued its decision in the case of In…
National studies, Macey said, show that the ordinary debtor takes out at least ten financings per year
National studies, Macey said, show that the ordinary debtor takes out at least ten financings…
Court rejects due process challenge of creditors against discharge of bankrupt debtor’s subsidiaries
In Jackson v. The Center on Fourth, LLC (In re The Center on Fourth, LLC),…
Bombay HC cancels the SNA to the debtor company, to submit a report for the evaluation year preceding the approval of the resolution plan under the IBC
Through Mariya Paliwala – December 28, 2021 11:27 a.m. The Bombay High Court rescinded the…
A debtor under another name? Court Certifies Issue to Florida Supreme Court
Florida law provides that a UCC-1 funding statement is “seriously misleading” if it does not…
PMLA Authority Jurisdiction Ceases Against Debtor Company Properties Once Liquidation Is Approved: Delhi High Court
Through Mariya Paliwala – December 20, 2021 11:54 a.m. The Delhi High Court has ruled…
UCC Funding Statements and Debtor Name Errors: Litigation Continues
Section 9 of the Uniform Commercial Code, adopted in the fifty states plus the District…
Ch. 7 Debtors Cannot Block New Litigation Funding Agreement, Appeals Court Says
The names of companies and law firms shown above are generated automatically based on the…
The personal assets of guarantors cannot be transferred during the CIRP of a debtor company without initiating a separate procedure – NCLAT – Finance and Banking
India: Personal property of guarantors cannot be transferred during the CIRP of a debtor company…
Post-Claim California Private Retirement Plan to Protect Non-Exempt Debtor Assets Deemed Gluck Sham
A retirement plan is for retirement, not for asset protection Getty I first wrote about…
NCLT cannot give a debtor business time to repay its debt once it is satisfied that the default has occurred and the debt is owed – NCLAT – Corporate / Commercial Law
India: NCLT cannot give a debtor business time to repay its debt once it is…
Alpha Latam Management, LLC and its debtor subsidiaries receive US Bankruptcy Court approval for sale of Colombian assets to CFG Partners Colombia SAS
MIAMI, November 19, 2021 / PRNewswire / – Alpha Latam Management, LLC and certain of…
Creditors Committee Says Maximizing Debtor’s Asset Value Is Supreme
The commercial wisdom of the Creditors Committee under the Insolvency and Bankruptcy Code enjoys full…
Can I hold a debtor’s bank account hostage? – Insolvency / Bankruptcy / Restructuring
United States: Can I hold a debtor’s bank account hostage? November 12, 2021 Ward and…
Can I hold a debtor’s bank account hostage? | Ward and Smith, Pennsylvania
For creditors dealing with debtors in the shadow of bankruptcy, a common scenario repeats itself.…
New Bill Would End “Two Stages of Texas” and Eliminate Chapter 11 Non-Debtors Discharges | Dechert srl
Strong points The Nondebtor Release Prohibition Act was submitted to the House for a full…
Can I hold a debtor’s bank account hostage?
November 10, 2021 For creditors dealing with debtors in the shadow of bankruptcy, a common…
Do debtors manage to dance? How Debtor Companies Like Johnson & Johnson Begin The Texas Two Step And How Creditors Can Intervene
Fraudulent transfers and actions to avoid them are second nature to lawyers for debtors and…
High Court: Insolvency deal denied after PIP failed to properly verify debtor’s income
The High Court dismissed an appeal for a personal insolvency agreement (PIA) after it was…
MedMen responds to debtor’s ‘defamation’ accusations
By Sarah Jarvis (November 3, 2021, 9:36 p.m. EDT) – MedMen argued this week that…
MedMen responds to debtor ‘defamation’ accusations
By Sarah Jarvis (November 3, 2021, 9:36 p.m. EDT) – MedMen argued this week that…
Possession of a Debtor’s Property After a Bankruptcy Declaration May or Not … Be a Stay Breach | Nelson Mullins Riley & Scarborough LLP
A person in possession of a debtor’s property while filing for bankruptcy now has more…
Sixth Circuit Upholds Chapter 13 Debtor’s Right to Request and Obtain Dismissal of Bankruptcy Case | Favor Swift Collins & Smith
A law must be interpreted and applied as it is written, regardless, according to the…
Who Benefits from the Increase in Home Value in a Chapter 13 – Debtor or Estate?
In a Chapter 13 case, which typically lasts 3 to 5 years while a debtor…
Sixth Circuit Confirms Chapter 13 Debtor’s Right to Request and Obtain Dismissal of Bankruptcy Case
A law must be interpreted and applied as it is written, regardless, according to the…
Teligent: Company arranges $ 12 million debtor-in-owner financing from its senior secured lenders and access to its cash collateral on a consensus basis – Form 8-K
Company arranges $ 12 million debtor-in-owner financing from its senior secured lenders and access to…
Chapter 11 Debtor May Avoid Mortgage
Name of borrower missing from certificate of recognition By: Eric T. Berkman October 14, 2021…
Debtor loses offer for High Court to hear student loan case
By Vince Sullivan (October 4, 2021, 4:44 p.m. EDT) – Bankrupt woman lost her candidacy…
US Bankruptcy Court Gives PAL Access to $ 505 Million Debtor-in-Operator Financing
The national airline Philippine Airlines Inc. (PAL) announced on Friday that it had received approval…
After the implementation of the European restructuring directive, is France still in favor of debtors? – Insolvency / Bankruptcy / Restructuring
To print this article, simply register or connect to Mondaq.com. On September 15, 2021, a…
Bankruptcy Debtor Trumps SBA in Arizona District PPP Loan Dispute – Insolvency / Bankruptcy / Restructuring
The Paycheck Protection Program (“PPP”) was a forgivable loan program administered by the US Small…
Bankruptcy Debtor Trumps SBA in Arizona District P3 Loan Dispute | Snell & Wilmer
The Paycheck Protection Program (“PPP”) was a forgivable loan program administered by the US Small…
Bankrupt Debtor Trumps SBA in Arizona District PPP Loan Dispute
The Paycheck Protection Program (“PPP”) was a forgivable loan program administered by the US Small…
Debtors behaving badly: non-payment of the debt on the basis of the “bad acts” of the debtor – Insolvency / Bankruptcy / Restructuring
United States: Debtors behaving badly: non-payment of the debt on the basis of the “bad…
Debtors behaving badly: non-payment of the debt on the basis of the “bad acts” of the debtor
It is said that the word bankruptcy originated in the Middle Ages from the term…
The moratorium under the IBC only applies to debtor companies and not to promoters: SC
The Supreme Court ruled that the moratorium under the provisions of the Insolvency and Bankruptcy…
Welcome to IANS Live – TopStory
Photo credit: IANS IANSLive New Delhi, Sept. 16 (IANS) The Supreme Court ruled on Thursday…
The problem of “debtor-creditor” language when selling loans by participation
Participation agreements, in the form promulgated by The Loan Syndications and Trading Association, Inc. (LSTA),…
Court of Appeal Maintains FCC Penalty Claim Survives Chapter 11 Debtor Company Relief
A corporate financial penalty obligation of a Chapter 11 debtor owed to the Federal Communications…
Personal property of guarantors cannot be transferred during the debtor company’s CIRP: NCLAT
The National Company Law Appeals Tribunal ruled that the personal assets of the guarantors could…
Legal options in Thailand when a debtor is unable (or unwilling) to pay – Insolvency / Bankruptcy / Restructuring
Thailand: Legal options in Thailand when a debtor can’t (or won’t) pay September 07, 2021…
Legal options in Thailand when a debtor can’t (or won’t) pay
COVID-19 and the resulting containment measures to limit outbreaks in Thailand have caused significant financial…
The liquidator can sell the debtor company as a going concern, CoC Code of Conduct
2. Vinod Sehwag v. Siemens Financial Services Pvt. Ltd. & Anr. (NCLAT, Delhi)Problem involved:Can the…
Lender obtains information order against debtor undergoing restructuring of 573 million euros
By Bonnie Eslinger (Aug 27, 2021, 5:11 p.m. BST) – A judge said on Friday…
Bankrupt Limetree Bay refinery secures $ 10 million in debtor-in-charge funds to unwind
Aug. 11 (Reuters) – The Limetree Bay refinery may secure another $ 10 million debtor-in-owner…
A warning to contractual counterparties: a debtor can sell your fully executed contract without remedying the defaults and pay your debt in full | Pillsbury Winthrop Shaw Pittman LLP
Background In 2011, a producer and a subsidiary of the Weinstein Company entered into a…
Can your lien be avoided if only the debtor benefits? Courts Divided – Insolvency / Bankruptcy / Restructuring
United States: Can your lien be avoided if only the debtor benefits? Courts are divided…
Former employees of Seadrill Ltd. hit a debtor with a lawsuit under the WARN law
By Vince Sullivan (June 15, 2021, 2:22 p.m. EDT) – Former employees of offshore oil…
Ex-Luckin chairman Lu Zhengyao becomes judgment debtor for third time, faces fine of $ 188 million
According to public information published on China’s Law Enforcement Information Disclosure website, ex-chairman of Luckin…
Lenders are free to invoke the personal guarantees of a debtor company under the Insolvency and Bankruptcy Code, 2016 – Insolvency / Bankruptcy / Restructuring
India: Lenders are free to invoke the personal guarantees of a debtor company under the…
Enforce your arbitration clause against an insolvent debtor – Litigation, mediation and arbitration
To print this article, simply register or connect to Mondaq.com. Due to the COVID-19 outbreak,…
Prosecution of criminal charges against a debtor may violate the stay and automatic release order
In a recently released ruling, the United States Bankruptcy Court for the Eastern District of…
Will the claim of the awardee be extinguished upon approval of the award debtor’s resolution plan under the IBC? Yes, rule the High Court of Calcutta
The Calcutta High Court on Friday settled an important arbitration law issue, to know, whether…
CannTrust Announces Court Approval for Financing Debtor in Possession of C $ 22.5 Million and CCAA Exit Credit Facility
VAUGHAN, ON, April 30, 2021 / PRNewswire / – CannTrust Holdings Inc. (“CannTrust” or the…
Cross-border restructuring and discharge of non-debtor guarantors: update of chapter 15
Third party releases, especially releases from affiliated non-debtor guarantors, are generally a key feature of…
CannTrust Holdings Inc. Secures Cdn $ 22.5 Million Debtor-In-Owner Funding and CCAA Exit Credit Facility
Company awaits approval from Ontario Superior Court of Justice VAUGHAN, ON, April 20, 2021 /…
Keep and pay offers mutual benefits to creditor and debtor
An overview of keep and pay What is keep and pay?Keep and pay is a…
Mitigate the releases of non-debtors? Purdue Pharma and Bill SACKLER – Insolvency / Bankruptcy / Restructuring
To print this article, simply register or connect to Mondaq.com. On Friday, March 19, 2021,…
The expanding contours of releases authorized by non-debtors in the Ninth Circuit | Mintz – Views on Bankruptcy and Restructuring
Until recently, Ninth Circuit courts have generally followed the minority view that discharges by a…
Debtor alleges violation of the Thirteenth Amendment; The court declares that the debtor has standing to assert the claim; Decision on the merits to follow
It is rare for a bankrupt debtor to raise allegations of involuntary easement and violation…
Debtor alleges violation of the Thirteenth Amendment; The court declares that the debtor has standing to assert the claim; Decision on the merits to follow | Patterson Belknap Webb & Tyler LLP
It is rare for a bankrupt debtor to raise allegations of involuntary easement and violation…
Court Dismisses Bankruptcy Case To Allow Debtor To Apply For Paycheck Protection Loan Patterson Belknap Webb & Tyler LLP
It is well known in the restructuring world that a bankrupt debtor cannot get a…
High Court: Invalid protection certificate prevents debtor from filing new personal insolvency claim within 12 months
The Supreme Court decided that an insolvent debtor was not entitled to a new protection…
The NCLT can settle disputes relating to the insolvency of a debtor company
The Supreme Court ruled on Monday that the National Company Law Tribunal (NCLT) had jurisdiction…
Pre-pack system for insolvency banks on fair debtor-creditors links
The prepackaged program, billed as the next step in the evolution of the Insolvency and…
Collusive business dealings with debtor company will not constitute “financial debt” according to IBC: Supreme Court
The Supreme Court ruled that collusive or simulated transactions with a debtor company will not…
IBC Redefines Debtor-Creditor Relationship, Economic Study Finds
Introducing significant behavioral changes, the insolvency law redefined the debtor-creditor relationship, with more than 80%…
Bankruptcy Court Rejects State Law-Based Arguments Of Retail Debtor To Avoid Paying Rent During Chapter 11 Pillsbury Winthrop Shaw Pittman LLP
This alert focuses on CEC debtor’s non-bankruptcy theories that the COVID-19 pandemic and government responses:…
Supreme Court upholds changes to IBC to sue debtor companies
In an important verdict, the Supreme Court on Tuesday upheld changes made by Parliament to…
Supreme Court Finds Mere Withholding of Bankrupt Debtor’s Assets Not a Violation of Automatic Stay, But Other Questions Remain | Bradley Arant Boult Cummings LLP
In recent years, federal circuit courts have grappled with whether a creditor retaining possession of…
CCAA debtor must pay post-deposit rent for “use” of leased premises | Blake, Cassels & Graydon LLP
Since the start of the COVID-19 pandemic, insolvent companies have sought intervention from the courts…
Chicago v. Fulton Bankruptcy Code and Debtor’s Property Retention
Related practices and jurisdictions Thursday, January 14, 2021 On January 14, 2021, the United States…
Automatic stay blocks interference with debtors’ business relationships
Automatic stay is arguably the most important protection that the Bankruptcy Code offers to a…
Debtor-Operator vs Creditor-Operator Insolvency Models – Insolvency / Bankruptcy / Restructuring
DOES THE REFORM ACHIEVE THE RIGHT BALANCE? Australia has traditionally had what is known as…
Does my business qualify as a small business debtor? | Jennings, Strouss & Salmon, PLC
The new subchapter V of chapter 11 of the Bankruptcy Code (subchapter V) was enacted…
Bankruptcy Law Update: Additional Debtor Relief Options Announced – Insolvency / Bankruptcy / Restructuring
United Arab Emirates: Bankruptcy Law Update: Additional Relief Options for Debtors Announced 23 october 2020…
subchapter V and the single asset real estate debtor in a COVID-19 world | Spilman Thomas & Battle, SARL
Over a year ago, Congress amended the Bankruptcy Code to create Subchapter V, with the…
Can counterclaims filed against the debtor company be stayed in accordance with the provisions of the IBC during the moratorium
Whether a counterclaim filed against a debtor company is likely to be stayed during the…