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    Entries in balance sheets amount to acknowledgment of debt under Section 18 of the Limitation Act, 1963 even if creditor is not specifically named
    2025-09-17

    The Hon’ble Supreme Court of India (“Supreme Court”), in the case of IL&FS Financial Services Ltd. vs. Adhunik Meghalaya Steels Pvt. Ltd.1, held that entries in a company’s balance sheet acknowledging outstanding borrowings constitute a valid acknowledgment of debt under Section 18 of the Limitation Act, 1963 (“Limitation Act”), even if the creditor is not specifically named within the balance sheet.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, JSA, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Location:
    India
    Firm:
    JSA
    Voluntary Liquidation of Solvent LLCs in the UAE: A Shareholder’s Guide
    2025-09-17

    Introduction

    Voluntary liquidation is the mechanism available to solvent limited liability companies in the United Arab Emirates (“UAE”) where the shareholders decide to bring the company’s operations to an orderly end. Unlike compulsory liquidation, which is triggered by insolvency or court order, voluntary liquidation reflects a decision of the shareholders to dissolve the company while it remains able to discharge its obligations in full.

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, M&CO Legal, Liquidation
    Authors:
    DR. SALMAN AL TUWEEL
    Location:
    United Arab Emirates
    Firm:
    M&CO Legal
    Evidence is everything: strike out application dismissed as "hopeless and speculative" in the Insolvency and Companies Court - A Company -v- Visionary Future LLC & ors.
    <br>
    2025-09-16

    The Insolvency and Companies Court, in A Company -v- Visionary Future LLC & ors. (unreported), has dismissed an application by a company seeking to strike out, or alternatively restrain advertisement of, a winding-up petition brought by creditors. The judgment underlines the critical importance of providing proper and substantiated evidence in insolvency proceedings.

    Lewis Silkin acted for the petitioners (the respondents in the application), who have since been successful in winding up the company in question.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Lewis Silkin LLP, Due diligence, Insolvency, International Criminal Court
    Authors:
    Fraser Mitchell , Bella Lamplough Shields
    Location:
    United Kingdom
    Firm:
    Lewis Silkin LLP
    De Facto Director Liable for Insolvent Trading
    2025-09-16

    Inthe matter of Trinco (NSW) Pty Ltd (in liq) [2025] NSWSC 993, the New South Wales Supreme Court found Mr Azizi to be a de facto director of Trinco (NSW) Pty Ltd (in liq) (Trinco) and liable for insolvent trading. Trinco’s liquidator was awarded compensation, payable by Mr Azizi.

    Filed under:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA, England, Banking, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Directors' duties, Financial services, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Canada, Hong Kong, New Zealand, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Directors Aren’t Detectives: Lessons from Goh Jin Hian v Inter-Pacific Petroleum
    2025-09-02

    The Appellate Division of the Singapore High Court has in Goh Jin Hian v Inter-Pacific Petroleum Pte Ltd (in liquidation) [2025] SGHC(A) 7 allowed Dr Goh’s appeal against a US$146 million award, holding that breach of the duty of care, skill and diligence (the "Care Duty") does not automatically establish loss.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, Blackstone & Gold, Due diligence, Singapore High Court
    Authors:
    Ramandeep Kaur , Rakesh VEDAM
    Location:
    Singapore
    Firm:
    Blackstone & Gold
    The New Illinois Receivership Act
    2025-08-28

    Effective January 1, 2026, the new Illinois Receivership Act will come effective to provide litigators in Illinois with expanded tools for creditors and distressed businesses to protect and manage assets during a business downturn. The Act does not apply to residential real estate with 1-6 dwelling units unless used for commercial purposes, receiverships under other laws such as the Illinois Mortgage Foreclosure Law and governmental receiverships.

    Filed under:
    USA, Illinois, Company & Commercial, Insolvency & Restructuring, Kilpatrick Townsend & Stockton LLP, Receivership
    Authors:
    Eric S. Rein
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    Can Delayed Implementation Sink a Resolution Plan? Navigating Payment Timelines in Resolution Plan Implementation.
    2025-08-28

    This article examines whether a delay in implementing the Resolution Plan equates to failure of the plan or can timelines for implementation be extended?

    Power to extend timelines

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Luthra and Luthra Law Offices India, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Nakul Sachdeva , Sagar Arora
    Location:
    India
    Firm:
    Luthra and Luthra Law Offices India
    Re Earth Boring: CCAA Order Restricts Calls on Performance Bonds - A Pragmatic Approach to Restructuring?
    2025-08-25

    As general economic trends since COVID continue to cause turmoil in the construction industry, the value of surety bonds as a performance and financial backstop has become increasingly apparent. While contractors may encounter difficult conditions in the course of their operations, sureties are not only well-capitalized and capable of weathering the storm but also, depending upon the relevant bond wording, are able to step in proactively when their principals experience financial troubles affecting the performance of the work and payment of the subcontractors.

    Filed under:
    Canada, Company & Commercial, Construction, Insolvency & Restructuring, Singleton Urquhart Reynolds Vogel LLP, Bank of Montreal Financial Group, Financial services corporate
    Authors:
    Bruce Reynolds , Catherine Gleason-Mercier , Nicholas Reynolds , Jeff Wong
    Location:
    Canada
    Firm:
    Singleton Urquhart Reynolds Vogel LLP
    Worldwide Freezing Order for £5m granted against directors for alleged misfeasance
    2025-08-14

    Nicola Sharp looks at the reasons why the court granted a £5m WFO against directors of a company in liquidation.

    The High Court has granted a Worldwide Freezing Order to the value of over £5 million against directors of a company in liquidation, who are also husband and wife.

    The couple, Sameer Rizvi and Iryna Dubylovska were the only acting directors and shareholders of the company.

    Underlying claim for misfeasance

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Rahman Ravelli, Asset recovery
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    Invocation of personal guarantees: when does the liability of a personal guarantor truly arise?
    2025-08-06

    In the regime of insolvency and bankruptcy law in India, the question of when and how the liabilities of Personal Guarantors crystallize has become increasingly significant. Recent judgments by the National Company Law Appellate Tribunal (“NCLAT”) in Shantanu Jagdish Prakash v. State Bank of India & Ors. (Company Appeal (AT)(Ins.) 1609 of 2024), Mavjibhai Nagarbhai Patel v. State Bank of India & Anr. (Company Appeal (AT) (Ins.) Nos. 1702, 1711 & 1712 of 2024), Asha Basantilal Surana v. State Bank of India & Ors. (Company Appeal (AT) (Ins.) No.

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Dhir & Dhir Associates, Bank of India, State Bank of India, Insolvency and Bankruptcy Code (India), Financial services banks
    Authors:
    Varsha Banerjee
    Location:
    India
    Firm:
    Dhir & Dhir Associates

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