Il presente contributo analizza la fattispecie dell’azione revocatoria, fornendo informazioni generali e approfondendo le principali modifiche alla normativa introdotte dal Codice della Crisi e successivamente dal Decreto Correttivo ter.
1. Premessa
The Impact of Tariffs and Economic Shifts on Canadian Insolvencies
Insolvency Now Navigating Uncertainty: The Impact of Tariffs and Economic Shifts on Canadian Insolvencies Issue 12
Contents
Introduction
1
Insolvency Data Analysis
4
CCAA Proceedings in Canada
7
Regional Observations
12
Business Openings and Closures
15
Looking Ahead
17
Key Contacts
18
Introduction
- The Fifth Circuit's December 2024 decision in Serta Simmons Bedding invalidated an uptier transaction in which certain lenders provided new money financing and exchanged existing debt for new super-priority debt.
- The Fifth Circuit criticized the doctrine of equitable mootness, rejecting the argument that the doctrine barred the court's review of the bankruptcy court's plan confirmation order because the plan had already been substantially consummated and relied upon by third parties.
- The Fifth Circuit's refusal to apply the doctrine of equitable mootness is not
1 2 Capital Market 9 Dispute Resolution 14 Fintech 19 Media and Entertainment 24 RERA 27 Sports and Gaming 39 White Collar Crime 03 Competition Law 11 Employment Law 17 International Trade/ WTO 19 MCA 25 Restructuring and Insolvency 34 Technology 40 3 EXTENSION OF TIMELINE FOR FORMULATION OF IMPLEMENTATION STANDARDS PERTAINING TO SEBI CIRCULAR ON “SAFER PARTICIPATION OF RETAIL INVESTORS IN ALGORITHMIC TRADING”1 Securities Exchange Board of India (“SEBI”) issued a circular “Safer participation of retail investors in algorithmic trading” dated February 04, 2025, which aimed at ensuring safer
This is the story of the first Indian insolvency proceeding to be granted recognition by the Singapore Court under the UNCITRAL Model Law on Cross-Border Insolvency (“Model Law”). This recognition, besides facilitating the challenging cross-border asset recovery, has also opened the doors for deeper insolvency cooperation between India and Singapore.
In a recent ruling, the Supreme Court of India in Rakesh Bhanot v. Gurdas Agro Private Limited1 (with connected appeals) (collectively “Appeals”) clarified the scope of the interim moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 (“Code”).
On April 16, 2025, a 3 (three) judge bench of the National Company Law Appellate Tribunal, New Delhi (“NCLAT”) in Shitanshu Bipin Vora vs. Shree Hari Yarns Pvt. Ltd. & Anr. held that clauses of unilateral interest in invoices without a formal agreement, cannot inflate claims of operational debt to meet the threshold of INR 1,00,00,000 (Indian Rupees one crore) under Section 4 of the Insolvency and Bankruptcy Code, 2016 (“IBC”).
On 27th March 2025, the Court of Justice of the European Union (“CJEU”) delivered a ruling in the case Matthäus Metzler, acting as insolvency practitioner in insolvency proceedings vs. Auto1 European Cars BV (Case C‑186/24) concerning the interpretation of Article 31(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (the “Insolvency Regulation”).
It’s hard to write a pithy article about the transfer of proceedings from the High Court in London to the Central London County Court (CLCC), but given its wide-reaching implications I thought it was worth a try.