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    What remains your risk as a director in the event of director liability after bankruptcy?
    2025-07-25

    After a bankruptcy is declared, the director does not disappear from the picture. Although the trustee takes over the liquidation, the former director may be personally liable for the deficit in the estate or for damages suffered by individual creditors. This article clearly explains when liability is imminent and what measures you can take in advance.

    Trustee versus director

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Fruytier Lawyers in Business, Liquidation
    Authors:
    Jop Fellinger
    Location:
    Netherlands
    Firm:
    Fruytier Lawyers in Business
    Legal Implications of Liquidation & Supplementary Liquidation Under Turkish Law
    2025-07-16

    Under Turkish law, a joint-stock company’s liquidation follows its termination and ends with its deregistration. If the process is found incomplete—due to overlooked assets or ongoing disputes—supplementary liquidation allows temporary reinstatement of the company’s legal personality to finalize unresolved matters.

    Introduction

    Filed under:
    Turkey, Company & Commercial, Insolvency & Restructuring, CBC Law, Liquidation, Articles of association
    Authors:
    Gurhan Aydin , Aleyna Peker , Oya Tekelioglu
    Location:
    Turkey
    Firm:
    CBC Law
    Fraudulent Trading: Supreme Court clarifies who may need to contribute to a company’s liquidation
    2025-05-20

    The Supreme Court has handed down a decision in Bilta (UK) Ltd (in liquidation) and othersv Tradition Financial Services Ltd [2025] UKSC 18, which clarifies the parties who ar

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Rahman Ravelli, Know your customer, Fraud, Liquidation, Due diligence, HM Revenue and Customs (UK), Limitation Act 1980 (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Nicola Sharp
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    Proof that the ASIC Companies Register needs stronger security measures to combat cyber fraud
    1969-12-31
    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Cordato Partners, Liquidation, Australian Taxation Office, Australian Securities and Investments Commission, Federal Court of Australia
    Authors:
    Anthony J Cordato
    Firm:
    Cordato Partners
    Liquidation loss allowed notwithstanding use of Irish group relief regime
    2025-03-21

    On 21 March 2025, the Dutch Supreme Court ruled that a taxpayer is allowed to deduct a liquidation loss on its participation in a liquidated subsidiary that transferred losses to group companies under the Irish group relief regime in the years prior to the liquidation. This Supreme Court judgment provides a favorable outcome for taxpayers.

    Background

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Tax, Loyens & Loeff, Liquidation
    Authors:
    Vincent van der Lans , Tjebbe Gerverdinck , Guido Derckx , Sebastiaan Claessen
    Location:
    Netherlands
    Firm:
    Loyens & Loeff
    Offsetting Set-off under IB Code - a good set up?
    2025-03-21

    Set-off is simply put a reduction or discharge of a debt by setting against it a claim in favour of the debtor (or the person otherwise having to pay).

    The applicability of the principle of set-off under the Insolvency and Bankruptcy Code, 2016 (IB Code) is no longer res integra and the draconian view of the inapplicability of set-off under insolvency proceedings has not found Thankfully, judicial favour.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Juris Corp, Liquidation, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Smrithi Nair , Palak Nenwani
    Location:
    India
    Firm:
    Juris Corp
    英属维尔京群岛的破产清算
    2025-03-11

    介绍

    英属维尔京群岛(“BVI”)的清算可以是:

    1)   破产清算,因此受《2003年破产法》(经修订)(「破产法」)管辖;或者

    2)   有偿付能力的清算,因此受英属维尔京群岛商业公司法(经修订)(「公司法」)管辖。

    《公司法》经《2022 年英属维尔京群岛商业公司(修订)法》及《2022 年英属维尔京群岛商业公司(修订)条例》修订。

    本简报列出了与英属维尔京群岛破产清算相关的一些要点。另一份简报涵盖了与英属维尔京群岛自愿(有偿付能力)清算相关的问题。

    无力偿债清算的目的

    Filed under:
    British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Loeb Smith Attorneys, Liquidation, Business Companies Act 2004 (British Virgin Islands)
    Authors:
    Gary Smith , Robert Farrell , Elizabeth Kenny , Vanisha Harjani , Cesare Bandini , Edmond Fung , Faye Huang , Vivian Huang , Yun Sheng
    Location:
    British Virgin Islands
    Firm:
    Loeb Smith Attorneys
    Anti-Suit Injunction granted to restrain a Hong Kong party from continuing Beijing court proceedings
    2025-03-03

    Parkside’s Derek J Y Chan, instructed by Tanner De Witt, acted for the successful Plaintiffs, China City Construction (International) Co., Limited (In Creditors’ Voluntary Liquidation) and Dingway Investment Limited (In Compulsory Liquidation), both acting through their liquidators, in obtaining an anti-suit injunction (“ASI”) to restrain China City Construction & Development Co., (HK) Limited from continuing proceedings (“the Beijing proceedings”) it had commenced in the People

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, Parkside Chambers, Liquidation
    Authors:
    Derek J Y Chan
    Location:
    China, Hong Kong
    Firm:
    Parkside Chambers
    Protection of the Debtor’s Assets during the Bankruptcy and Pre-Bankruptcy Proceedings in Greece
    2025-02-25

    Introduction

    Filed under:
    Greece, Insolvency & Restructuring, Litigation, A & K Metaxopoulos & Partners Law Firm, Bankruptcy, Liquidation
    Authors:
    Achilleas Christodoulou
    Location:
    Greece
    Firm:
    A & K Metaxopoulos & Partners Law Firm
    Creditor Funding in Liquidation: A Viable Asset Recovery Tool?
    2025-02-21

    When a company goes into liquidation, creditors often wonder whether they will recover their debts. One available option to achieve this is funding legal action to help the liquidator recover assets.

    Singapore's insolvency legislation allows creditors who fund liquidators' recovery actions to have priority over other creditors in the distribution of recovered assets. This improves the viability of commencing insolvency proceedings as an asset recovery tool.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Withers LLP, Liquidation, Insolvency, Singapore High Court
    Authors:
    Zhen Yu Lam , Wong Sze Qi
    Location:
    Singapore
    Firm:
    Withers LLP

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