A number of legal systems make provision for companies trading while insolvent to be unlawful in certain circumstances, and provide for directors to become...
4 KB (451 words) - 17:07, 14 July 2024
Kingdom, only an authorised or licensed insolvency practitioner (IP) may be appointed in relation to formal insolvency procedures. Quite often IPs have an...
6 KB (550 words) - 04:35, 17 August 2023
insolvency are said to be insolvent. There are two forms: cash-flow insolvency and balance-sheet insolvency. Cash-flow insolvency is when a person or company...
21 KB (2,744 words) - 20:06, 7 September 2024
Administration (law) (redirect from Administration of an insolvent business)
insolvency laws of a number of common law jurisdictions, similar to bankruptcy in the United States. It functions as a rescue mechanism for insolvent...
17 KB (1,909 words) - 17:32, 25 October 2024
of the insolvent company. Under Australian insolvency law the equivalent concept is called "insolvent trading". The principle of wrongful trading was introduced...
12 KB (1,798 words) - 20:47, 3 May 2023
Conservatorship (category Insolvency)
law professors who both specialise in financial issues, suggest that an insolvent bank should go into receivership rather than conservatorship to guard...
17 KB (2,228 words) - 07:32, 3 January 2025
Part VIII of the Insolvency Act 1986. It constitutes a formal repayment proposal presented to a debtor's creditors via an insolvency practitioner. Usually...
14 KB (2,055 words) - 20:27, 29 March 2024
imposes court supervision over the financial affairs of those who are insolvent or in default. Default can be of two types: debt services default and...
10 KB (1,237 words) - 02:54, 3 December 2024
The Insolvency and Bankruptcy Code, 2016 (IBC) is an Indian law which creates a consolidated framework that governs insolvency and bankruptcy proceedings...
19 KB (1,517 words) - 14:13, 31 October 2024
Pre-packaged insolvency (a "pre-pack") is a kind of bankruptcy procedure, where a restructuring plan is agreed upon in advance of a company declaring its...
13 KB (1,841 words) - 20:10, 3 August 2024
Creditor (redirect from Trade creditors)
must first go through the appointed Insolvency Practitioner. The creditors will begin to deal with the Insolvency Practitioner and readily accept annual...
8 KB (1,036 words) - 04:07, 7 December 2024
Bankruptcy (redirect from Insolvency and reorganization law)
the only legal status that an insolvent person may have, and the term bankruptcy is therefore not a synonym for insolvency. The word bankruptcy is derived...
78 KB (9,010 words) - 00:08, 9 January 2025
Liquidator (law) (category Insolvency law)
may have power to bring proceedings for wrongful trading or, in extreme cases, for fraudulent trading. However, the liquidator cannot normally enter into...
6 KB (887 words) - 05:25, 13 December 2024
were being undertaken into whether the restaurant companies were trading while insolvent, if there had been unfair preferences or potential breaches of...
46 KB (3,257 words) - 14:35, 4 January 2025
Bankrupts Act 1542, introducing the pari passu principle for creditors of insolvent persons. Pari passu means treat at par from the previous issue. Seniority...
5 KB (596 words) - 13:39, 18 December 2023
United Kingdom insolvency law regulates companies in the United Kingdom which are unable to repay their debts. While UK bankruptcy law concerns the rules...
143 KB (20,770 words) - 01:39, 4 January 2025
Bankruptcy in the United States (redirect from US insolvency law)
tools of the trade may, depending on the available exemptions, be a permitted exemption as their continued possession allows the insolvent debtor to move...
57 KB (7,458 words) - 17:52, 29 August 2024
party making the transfer, sometimes by rendering the transferring party insolvent. It is generally treated as a civil cause of action that arises in debtor/creditor...
16 KB (2,162 words) - 01:11, 9 June 2024
Cross-border insolvency (sometimes called international insolvency) regulates the treatment of financially distressed debtors where such debtors have...
17 KB (1,974 words) - 03:40, 1 April 2023
seeking relief from the automatic stay.[citation needed] If the business is insolvent, its debts exceed its assets and the business is unable to pay debts as...
32 KB (3,681 words) - 07:11, 20 November 2024
Liquidation (redirect from Insolvent liquidation)
against errant directors or shadow directors for either wrongful trading or fraudulent trading. The liquidator may also have to determine whether any payments...
22 KB (2,492 words) - 18:17, 30 December 2024
contrast to insolvency. The weakness of this concept is that is practically impossible to prove that an asset is only temporarily illiquid. While normally...
23 KB (2,829 words) - 06:17, 23 November 2024
of "wrongful trading" (or "insolvent trading") where the burden of proof is lower. Where applications are brought for fraudulent trading, it is usually...
3 KB (477 words) - 23:33, 20 December 2023
Bankruptcy Chainsaw Al Compromise agreement Creditor Debt Demerger Downsizing Insolvency Layoff Presidential Task Force on the Auto Industry Spin-out Stub (stock)...
9 KB (919 words) - 01:39, 15 December 2024
Australian insolvency law regulates the position of companies which are in financial distress and are unable to pay or provide for all of their debts or...
59 KB (7,724 words) - 08:11, 1 November 2024
company, and are responsible for ensuring that the company does not trade while insolvent Shareholders of the company. The cash flow statement shows the sources...
22 KB (2,390 words) - 09:32, 26 November 2024
Receivership (category Insolvency)
where a company cannot meet its financial obligations and is said to be insolvent. The receivership remedy is an equitable remedy that emerged in the English...
19 KB (2,134 words) - 03:52, 4 April 2024
Trustee in bankruptcy (category Insolvency)
in charge of administering a bankruptcy estate. In Canada, a licensed insolvency trustee (LIT) is an individual or a corporation licensed by the official...
10 KB (909 words) - 23:42, 17 October 2024
no liability for what is commonly referred to as wrongful trading or trading while insolvent in other jurisdictions. In the absence of any specific corporate...
26 KB (3,536 words) - 23:13, 19 August 2024
insolvency, by virtue of Section 91(2) of the Constitution Act, 1867. It has passed the following statutes as a result: The Bankruptcy and Insolvency...
6 KB (558 words) - 01:35, 16 July 2024