NEW DELHI: Home finance companies are jittery about the National Company Law Tribunal’s decision to initiate insolvency proceedings against real estate companies like Jaypee Infrastructure and Amrapali’s Silicon City because the insolvency and bankruptcy code (IBC) does not treat home loan financiers as secured lenders. With the implementation of the IBC in regard to a…
The list of strategic blunders committed by Bruce Gordon and Lachlan Murdoch in their quest for control of Ten Network Holdings is staggering. As shareholders of the company and guarantors of the secured debt, Gordon and Murdoch were in an unassailable position to gain control of a company that has many links to other Murdoch…
In its first detailed order on the Insolvency and Bankruptcy Code, the Supreme Court has, via a series of observations, made it clear to managements of insolvent firms that their rule is over. The judgement was pronounced in the case of Innoventive Industries that had challenged an unfavorable order by the National Company Law Appellate…
Provisions of State enactments which hinder the country’s new bankruptcy law Insolvency and Bankruptcy Code (IBC) meant to protect the interests of shareholders, creditors and workmen against entrenched managements unable to dig their way out of their debts, will be declared void, the Supreme Court held. In a judgment heralding the IBC as an effective…
The government’s introduction of a safe harbour to protect directors from insolvent trading liability will drive a culture change expected to prevent the premature collapse of companies, according to experts. Minister for Revenue and Financial Services Kelly O’Dwyer has rallied lawyers and turnaround professionals to back the government’s changes, saying they will be key to…
Ryanair may have bluster more than anyone else in the world, a senior executive for the airline acknowledged Wednesday, but it is serious about bidding for the short-haul operation of struggling Italian airline Alitalia and turning it into a separate division of Ryanair that might operate with a hybrid full-service, low-cost model. But Dublin-based Ryanair…
A pan-India home buyers’ pressure group, Fight For RERA, has reached out to Prime Minister Narendra Modi to seek an amendment to the Insolvency & Bankruptcy Code 2016 to prioritise homebuyers‘ interest in insolvency proceedings. The pressure group has appealed to the government to provide powers to realty regulators through the Real Estate (Regulation and…
Another Affordable Care Act (ACA) health insurance co-op bit the dust. Baltimore-based Evergreen Health, one of 23 co-ops created as a way to stimulate competition in the ACA’s health insurance marketplace, has been declared insolvent and will be liquidated, and all its members’ policies will be canceled at the end of September. Four other insurers…
A significant ruling that a couple have no legal standing to seek a court review of KBC Banks rejection of their personal insolvency arrangement aimed at ensuring they remain in their family home has implications for hundreds of similar cases. David Hall, of the Irish Mortgage Holders Organisation, said the Circuit Court decision on Wednesday…
The couple, who have three young children, had been seeking approval for a deal which would have seen debts of 739,000 written down to 360,000, effectively wiping out their negative equity. They argued the proposal, which was signed off by a personal insolvency practitioner (PIP), gave the bank a better deal than if they had…