The decision in York, in the matter of Exactech, Inc [2024] FCA 1522 reaffirms the scope to recognise a US chapter 11 bankruptcy in Australia as a foreign main proceeding [1] and demonstrates the importance of interim stay orders in protecting the assets of debtors and the interests of creditors until the final determination of the recognition application.
Introduction
Insolvency is a financial state that can affect both individuals and businesses, signifying an inability to meet debt obligations. While it’s a challenging situation, addressing insolvency proactively can prevent further complications and set the stage for recovery. This guide provides actionable insights to navigate insolvency effectively, offering a lifeline when you need it most.
Key Causes of Insolvency
For Individuals
Introduction
The insolvency process is a structured approach to resolving financial distress for individuals and businesses. Understanding this process is critical for making informed decisions and recovering from insolvency. This guide offers a detailed roadmap to navigate the complexities of insolvency and regain financial stability.
Recognizing Financial Warning Signs
Insolvency doesn’t happen overnight—it develops over time. Early detection of financial trouble can help avoid severe consequences.
Introduction
Insolvency is a financial condition that occurs when an individual or business cannot meet its debt obligations as they fall due or when liabilities exceed assets. This state of financial distress can have profound implications, making it essential to understand the warning signs, consequences, and pathways to recovery.
Key Indicators of Insolvency
Inability to Pay Bills on Time
Falling behind on payments is a major red flag, signaling cash flow issues.
Introduction
Insolvency is a critical financial state that affects both individuals and businesses worldwide. It occurs when a person or organization can no longer meet its financial obligations as they fall due or when liabilities exceed assets. Understanding insolvency is vital to navigate financial challenges effectively and develop strategies for recovery.
Types of Insolvency
1. Cash Flow Insolvency
Editor’s Note Here’s What’s Happening in Arbitration Victoria Prussen Spears The AAA Healthcare Payor Provider Arbitration Rules and Mediation Procedures Important Features and Updates Lisa M. Richman and Maria Cristina Rosales del Prado Five International Arbitration Trends and Topics Jeffrey A. Rosenthal, Ari D. MacKinnon, and Katie L. Gonzalez How to Avoid a Pyrrhic Victory in International Arbitration—Part I James P.
The Singapore International Commercial Court (the "SICC"), a division of the General Division of the High Court and part of the Supreme Court of Singapore, was established in 2015 as a trusted neutral forum to meet increasing demand for effective transnational dispute resolution. It recently considered, as a matter of first impression for the SICC, whether to approve a prepackaged scheme of arrangement for a group of Vietnam-based real estate investment companies under Singapore's recently enacted Insolvency, Restructuring and Dissolution Act 2018 (the "IRDA").
As the enactment of chapter 15 of the Bankruptcy Code approaches its 20-year anniversary, U.S. bankruptcy courts are still grappling with some unresolved issues concerning how its provisions should be applied to best harmonize cross-border bankruptcy cases. One of those issues was the subject of a bench ruling handed down by the U.S. Bankruptcy Court for the District of Delaware.
The real estate industry forms a significant portion of the flourishing Indian economy. However, it is also plagued with inordinate delays, cash-flow issues and anguished homebuyers. The Insolvency and Bankruptcy Board of India (“IBBI”) has recently added to the array of steps being taken to address these issues.