The latest amendment to the Czech Insolvency Act applies a shorter debt discharge period to both entrepreneurs and non-entrepreneurial individuals.
Background
The Czech Parliament has finally approved an amendment to the Czech Insolvency Act, reducing the debt discharge period from five to three years, in line with EU Directive 2019/1023. A key point of contention that delayed the amendment was whether to apply this shortened period not only to entrepreneurs but also to non-entrepreneurial individuals, extending beyond the EU’s minimum requirements.
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:
Insolvency proceedings under the Companies’ Creditors Arrangement Act (CCAA) are generally practical and solution-oriented. Creativity is rewarded and, if there is a conflict between insolvency law’s practical focus on achieving desirable commercial outcomes on the one hand, and the requirements—often technical in nature—under other statutes such as the Canada Business Corporations Act (CBCA) on the other, courts often apply insolvency law in a manner that gives priority to achieving those commercial outcomes.
The recent English High Court decision of Wright v Chappell related to the collapse of British Home Stores provides a landmark ruling of which directors of Cayman Islands companies need to be aware. This is the first time damages have been awarded against directors for 'misfeasant trading'. Directors may be held liable for any 'insolvency deepening' activity in failing to file for insolvency when it would be in the creditors' interests to do so.
Introduction
Introduction
BACKGROUND
Introduction
In certain circumstances, the liquidator of a British Virgin Islands (“BVI”) company may be able to set aside certain transactions which took place in the lead up to the company’s liquidation. It is important for those concerned with the affairs of a BVI company that they are aware of the statutory powers available to the liquidator.
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.