Liquidators have more certainty about their ability to disclaim the environmental liabilities and responsibilities of a company in liquidation.
Australia, Queensland, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz, Environmental protection, Liquidation, Corporations Act 2001 (Australia), Queensland Supreme Court
The liquidators were not bound to cause Linc to comply with the EPO from the date of the disclaimer.
Australia, Queensland, Environment & Climate Change, Insolvency & Restructuring, Litigation, Clayton Utz
An insolvent enterprise incorporated in Mainland China (“PRC”) or its creditors (“Applicant”) may institute a bankruptcy proceeding against the insolvent enterprise under the PRC Enterprise Bankruptcy Law (“Bankruptcy Law”) by the filing of a bankruptcy petition. There have long been complaints by industry practitioners that PRC courts are reluctant to register bankruptcy petitions.