The Insolvency and Bankruptcy Board of India (IBBI) has floated a paper which envisages the disclosure of the corporate debtor’s status as a micro, small and medium enterprises (MSME) in the information memorandum. Stakeholders are invited to comment on this proposal by September 12.
Executive Summary:
The amendments recently notified to the Insolvency and Bankruptcy Board of India (Information Utilities) Regulations, 2017, require the information utility to verify key details such as the e-mail address of the debtor, the document showing proof of debt, etc. before issuance of record of default.
The court has provided guidance on how to protect personal representatives in potentially insolvent estates in Wedgwood v Hosein and another [2024].
The recent High Court decisions in Boughey & Anor v Toogood International Transport and Agricultural Services Ltd and Re Pindar Scarborough Ltd (in administration) have helpfully provided clarity on the extent to which secured creditors that have been paid in full are required to consent to proposed administration extensions. Unhelpfully, however, the court’s approach is fundamentally at odds with the position of the Insolvency Service.
Hajime Ueno, Masaru Shibahara and Kotaro Fuji, Nishimura & Asahi
This is an extract from the 2025 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.
Pierre Dzakpasu, Anne Jesudason and Florence W Y Li, Mayer Brown
This is an extract from the 2025 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.
In a recent decision by the Supreme Court of New South Wales regarding unfair preference claims - In the matter of Pacific Plumbing Group Pty Limited (in liquidation) [2024] NSWSC 525 – Justice Black provides guidance to liquidators on what is required to recover payments made to a third party on behalf of an insolvent company as unfair preferences.
In particular, the case highlighted that a liquidator has the burden of proof to show that:
When a legal dispute is brought to court, court fees are payable. Court fee is the fee levied by the judicial authority for handling the case. The amount of these fees depends, for example, on the nature of the case, a litigant’s income, and whether a natural person or legal entity is litigating. Under these circumstances, a (legal) person may qualify for the reduced court fee for insolvent persons.
Reduced court fee for insolvent persons
Pursuant to the Civil Cases Fees Act, the reduced court fee for the insolvent may be levied in the following two cases: