20 Under section 283A(6) of theInsolvency Act 1986, the court may substitute for the period of three years a longer period in (a) prescribed circumstances, and (b) in such other circumstances as the court thinks appropriate. Alternatively, under section 283A(7), a shorter period may be ...
The definition of what will constitute a transaction at an undervalue is very similar to that contained in section 238(4) of the Insolvency Act 1986. As such, English authorities on the interpretation and application of this provision will likely be considered persuasive in cases that come before...
company had entered into the bankruptcy liquidation procedure in Hong Kong, but, on the other hand, it also denied the legitimacy of the Hong Kong liquidator representing the company on the grounds that the Hong Kong liquidator lacked the authority to act on behalf of the company outside Hong...
In 2023, the Bankruptcy Venue Reform Act was introduced into Congress to limit “forum shopping” with respect to bankruptcy filings. The proposed legislation would generally restrict the venue options for a company’s bankruptcy filing to where its principal place of business or principal assets are...
Singapore’s insolvency regime, governed primarily by the Insolvency, Restructuring and Dissolution Act 2018 (“IRDA”), the Companies Act 1967, and the subsidiary legislation enacted thereunder, may be regarded as debtor-friendly. Key features of the insolvency regime which may be regarded as partic...
preferenceThe recent modification of section 90.1.6 of the Spanish Insolvency Act has mainly been interpreted by the doctrine in terms of a regulation of the enforceability of pledges "over" future claims in insolvency proceedings, in spite of the fact that the wording of the reform specifically ...
corporate liquidation or winding up framework is confusing due to the fact that there is extensive cross-referencing made to the various bankruptcy principles and rules provided for in the Bankruptcy Act 1967. eg. the application of s. 53 BA1967 under s. 293 CA 1965 for undue preference ...
It is true that status as fiduciary over custodied assets may imply broader fiduciary duties, such as investment discretion, as may be the case with accounts covered by the Employee Retirement Income Security Act ("ERISA"). (44) But, as may ...