He went to see an insolvency practitioner and his accountants for advice on winding up the business. |
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Receivers and managers in the case of insolvency regularly fail to obtain indemnities from their appointers but look usually only to the assets. |
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Still throughout the eighteenth century, even the most liberal commentators did not entirely lift the stigma of dishonor from insolvency. |
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How is it that a company goes from well-nigh insolvency to buying a US retail icon? |
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Even a gross settlement system is not immune from certain risks associated with the insolvency of a participant. |
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Fail to budget properly, managers are warned, and insolvency looms around the corner. |
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As Ansett Airlines, then one of Australia's best-known companies, slid inexorably into insolvency, no one, apparently, was even minding the shop. |
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If the owner reaches an agreement with the two state-owned monopolists, they might withdraw their claims and save the company from insolvency. |
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Further there is no evidence as to what the insolvency processes would be under the law of Poland. |
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Your assets are seized and managed by an accountant specialising in insolvency. |
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If one joint or joint and several debtor is insolvent, the loss resulting from his insolvency is spread equally among the solvent debtors. |
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On the insolvency, the company brought an action against the bank for knowing receipt. |
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Many speculators were instantly wiped out, while the less capitalized insurers were left at or near insolvency. |
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It's a little too easy to come on all high and mighty about insolvency when you've never been there yourself. |
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Since his arrival at the company the dark clouds threatening insolvency have continued to gather. |
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Under insolvency law, administrators are not obliged to honour vouchers bought before their appointment. |
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Cooney sells equipment for a number of Dublin insolvency practitioners who deal with technology company receiverships or liquidations. |
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The first alternative is a shortcut to insolvency, the second, a recipe for discontentment and civil unrest. |
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Putting aside the disappointment of Tesna's withdrawal, I think it's inevitable that the Unions will play active roles in insolvency processes. |
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The financial crisis has now left many of these banks on the verge of insolvency with large portfolios of insecure loans and bad debts. |
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Government figures reveal the extent to which insurmountable debt is forcing individuals into formal insolvency. |
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Until last summer, it teetered on the brink of insolvency and did little other than amass colossal debts. |
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The main problems that could affect Ireland are the twin impact of the cost of reinsurance and insolvency among reinsurers. |
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Still, the property companies are not heavily leveraged and no major case of insolvency seems imminent. |
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That means we defend a winding-up application with no presumption of insolvency. |
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This legislation provides two forms of protection for workers owed wages upon the bankruptcy or insolvency of their employer. |
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The latest insolvency figures for my region point to 500 businesses going bust in the last three months. |
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In the event of the insolvency of the intermediary, a race between the account holder and the collateral taker would get underway. |
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An introduction to the case, setting out the insolvency history of the case, might enhance the clarity and comprehensibility of the agreement. |
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Seek advice from reputable sources, such as financial advisors, trustees in bankruptcy or insolvency lawyers. |
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The letter also stated that the business prospects described by Germany took no account whatever of TMW's insolvency. |
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I work as an insolvency restructuring professional, otherwise known as an estate administrator. |
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Several will face insolvency and be unable to settle even those claimsthat may be established as valid. |
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Under UK insolvency law they're last in line to be paid when businesses are wound up behind former staff, secured creditors, liquidators and the tax man. |
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At least one insolvency law dispenses with the need for the debtor to allege any particular financial state. |
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While the insolvency practitioners continue to cast their eye over City's financial accounts, the Trust are now putting fundraising plans in place. |
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Furthermore, Austrian Airlines considers itself to be one of Austria's key companies, and its insolvency would attract a lot of media attention. |
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It is also the place where the principal insolvency proceedings involving that granter are most likely to be commenced. |
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The liquidation of foreign assets brought the largest Austrian commercial bank, to the brink of insolvency, forcing the Austrian government to freeze all its remaining assets. |
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Hidden debt not on balance sheets led many investors to believe companies were healthy when in fact they were teetering on the edge of insolvency. |
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And like Vietnam, it has helped bring us to the brink of insolvency as well. |
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Even with higher capital requirements, a few megabanks will inevitably get to the brink of insolvency. |
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There are two statutes that really govern insolvency restructuring in Canada. |
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As explained in recital 47, the expected value of the insolvency mass was much lower in the option of liquidating the company. |
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The CTA is also used as a means of protecting credit held in semiretirement and long-term flextime accounts in the event of insolvency. |
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Undue hardship is defined as the point of inviability, insolvency, or bankruptcy of a business. |
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These legal risks need to be evaluated before a shareholder decides to disinvest or reorganise the company by an insolvency procedure. |
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Any such contract shall not be an asset of the Purchaser in bankruptcy, insolvency or receivership proceedings. |
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Accordingly, the procedure for submission of claims and their verification and admission is a key part of the insolvency proceedings. |
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However, collateral arrangements are still subject to the insolvency risk and credit risk of the issuers or depository of the collateral. |
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The perpetuity aspect does not, however, involve the risk of loss in the event of insolvency or liquidation. |
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Funding an insolvent company that has not filed for insolvency can be risky for the creditor. |
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If the receivable remains unpaid due to the debtor's insolvency, Euler Hermes indemnifies the policyholder. |
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Courts of the Member States will be informed timeously about insolvency proceedings that are to be recognised. |
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The insolvency representatives are also to consider implementing a mechanism for the resolution of intercompany claims. |
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The insolvency law may require the court to authorize or creditors of the lending, pledging or guaranteeing group member to consent. |
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The provisions of Article 30 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor. |
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Further, they do not deal with matters such as dissolution of civil marriage, testate succession or insolvency. |
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For both, then, the chief fiscal danger is inequity not insolvency, as normally understood. |
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The key financial risks are related to changes in forex rates and the insolvency of counterparties. |
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At present, a company can secure protection from creditors through insolvency but a sovereign state cannot. |
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However, the licensor's insolvency representative has a claim for the withdrawal of the licence based on the principle of unjust enrichment. |
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In particular, public concern is virtually absent about the risk that insolvency may cause an insurance claim to fail to be paid. |
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In acute cases the firm may already have become insolvent or may be the subject of collective insolvency proceedings. |
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The insolvency agreement was entered into by the Bahamian insolvency representatives and the creditor committee. |
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If one major company undergoes an insolvency procedure, this can easily trigger a domino effect. |
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All these requisites present, the employer becomes ipso facto subsidiarily liable upon the employee's conviction and upon proof of the latter's insolvency. |
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Consequently, the Bahamian insolvency representatives were appointed as debtors in possession in the United States proceedings. |
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A binary approach of either rescue or liquidation can sweep away the uncertainties associated with trying to prevent irremediable insolvency. |
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The more capital a bank has, the better able it is to sustain losses without skidding into insolvency. |
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Looking at official bankruptcy statistics it becomes clear that they show only the number of all national insolvency cases. |
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The Commodore Business Machines case involved insolvency proceedings in the Bahamas and the United States. |
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Without an extension, Greece could face insolvency and the danger of needing to quit the single currency. |
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Such measures may include the appointment of one or more additional insolvency representatives. |
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Bondholders are paid ahead of all other creditors in the event of insolvency proceedings against the mortgage bank. |
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In the event of insolvency, equity is subordinated to debt and thus carries a higher risk. |
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An insolvency agreement may also indicate the parties that may raise an issue with respect to the agreement, such as the insolvency representatives94 or other parties in interest. |
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Working closely with the Partner in charge, you will actively participate in the administrative and financial recovery management of businesses and the file management of proposals in bankruptcy and insolvency. |
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Debt forgiveness is treated as taxable income, but can be excluded as taxable under certain circumstances, like bankruptcy and insolvency. |
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For some time, relations between Carrie and her brother Beatty Balestier had been strained, owing to his drinking and insolvency. |
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In the later nineteenth century depression took hold, and just as company numbers had boomed, many began to implode and fall into insolvency. |
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Hidroelectrica entered the insolvency process on June 20, 2012, in order to be re-organized. |
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Each of the company's operating business was distressed and Cablecom was in danger of being liquated under Switzerland's insolvency laws. |
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For issuers teetering on the brink of insolvency, the existence of a massive CDS market without any bond counterparties can increase the pressures on rates that they are facing. |
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Similarly, proceedings commenced in one State might be assisted by the application of a stay in another State where no insolvency proceedings have commenced with respect to the debtor but where the debtor has assets. |
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In conclusion, the Commission considers that measures 1 to 6 all form part of a package clearly designed to assist the Alstom group, which would otherwise be confronted with serious risks of insolvency. |
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In accordance with the insolvency plans, the creditors within group HAG 2 received by 31 March 2004 a share of a total amount of EUR 0,5 million, corresponding to the relative size of their claims. |
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The reports submitted by the UK authorities and by BNFL conclude that the Final Term Sheets are more advantageous to BNFL than any insolvency scenario. |
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In such cases, insolvency proceedings will already have been initiated in respect of the subsidiary at the time of the opening of proceedings in respect of the centre of main interests. |
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If they fall foul of the law they will go into insolvency. |
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The Country confirms that it will take all responsibility for replenishing GAVI cash support lost due to bank insolvency, fraud or any other unforeseen event. |
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In recent weeks, the ministry of finance has suggested TVR, which recorded losses of more than £4.2m last year, may face insolvency proceedings and a dramatic restructuring. |
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Because the portion of the population in retirement will swell in the next few decades, both programs face insolvency unless benefits are cut or revenues are increased. |
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States should monitor the fiscal conditions of their local governments in a more timely manner, the report said, and take early action to help them before they face insolvency or bankruptcy. |
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Now, with the collapse of the credit market, G. M. and Chrysler cannot borrow money on their assets and could face insolvency by the end of the year without federal assistance. |
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In debating this bill this evening thus far, very little has been said about the extreme trauma farm families go through when they face insolvency. |
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An entrepreneur will be threatened by insolvency if, despite performing their obligations, it is obvious that according to a reliable assessment of their economic situation they will soon become insolvent. |
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Invalidation and reversal refers to any form of voidance, cancellation or unwinding of debits, credits, designating entries or removals of designating entries under any rule applicable in an insolvency proceeding. |
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That, coupled with the fact that the credit pandemic has the whole financial world running scared, and you have an insolvency scene that few have experienced before. |
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In addition, if these claims are submitted, the official receiver dealing with the insolvency of TB is obliged to pay out the amounts owing, which may include the amounts to be recovered from the subsidiaries. |
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Insolvency laws achieve that balance by reapportioning the risks of insolvency in a way that suits a country's economic, social and political goals. |
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The insolvency of Lehman Brothers in mid-September 2008 turned out to be the financial and economic equivalent of a severe earth tremor and its effects proved to be devastating. |
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The choice of issues to be addressed by an insolvency agreement may be influenced by the similarities or dissimilarities between the laws and procedures of the States involved in the particular cross-border case. |
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The group provides three main types of services to businesses: protection against customer insolvency, collection of trade receivables and indemnification of losses. |
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There is no doubt that the MRQ's voracity is likely to affect several fields of insolvency and will change the way bankers allow credit margins to be used to meet obligations or support accounts receivable lists. |
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Look at what other jurisdictions and countries are doing, for example, the availability and usage of privately managed insolvency guaranty schemes or insurance contracts for this purpose. |
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Today there are European minimum requirements in the fields of working time, protection of young people at work, impending collective redundancies, transfers of undertaking ownership and employer insolvency. |
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Three principles emerge: to secure fair and equal distribution of available property among the creditors, to free the debtor from his debts, and to enquire into the reasons for his insolvency. |
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A creditor who voluntarily splits action may not go back on his decision but shall bear the insolvency of the guarantors pursued with no possibility of carrying over the insolvency to the other guarantors. |
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And it will publish proposals on handling business failure that should help prevent bankruptcies and make it easier for entrepreneurs to make a fresh start following insolvency. |
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Often the remaining debts will not automatically cease to exist once insolvency proceedings are closed: if the debtor is a natural person he will remain answerable for them. |
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The insolvency or bankruptcy laws of England and other countries that follow the English model give title to the property forming the bankrupt estate to the trustee or assignee in bankruptcy. |
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These matters include, inter alia, marriage and divorce, bankruptcy and insolvency, bills of exchange and promissory notes, maritime law, and copyrights and patents of inventions. |
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In addition, several major retailers in the United States and Canada have filed for protection from creditors and are reorganizing their affairs under relevant bankruptcy and insolvency legislation. |
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Illustration 23-4: Fraudster may overvalue assets of an insolvent entity, knowing that victims will believe the fraudster's valuations have been reviewed by or verified by the court or insolvency representative. |
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While insolvency may occur on an international basis, the appointment of a liquidator occurs on a national basis according to the rules of each national jurisdiction. |
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As well as specific scenarios, the actuary should also stress test the C-3 risk by determining what scenario of future interest rates could result in insolvency. |
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This is the case, for example, where the insolvency of a licensee of a trademark used on products may affect the market value of the trademark and the trademarked products. |
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A relatively minor miscalculation or a trivial misfortune may spell insolvency and will at the very least obstruct a man's efforts to operate efficiently and to expand sales. |
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Notwithstanding such a proviso, it should be possible for the courts to explicitly reach agreement on a range of matters, including approval of a cross-border insolvency agreement. |
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The insolvency proceedings materially affect the degree of uncertainly associated with the measurement of many amounts related to Quebecor World Inc. in the consolidated financial statements. |
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But, if insurance, and therefore supplementary health insurance, are offered within a common market, then this presupposes common rules on competition, insolvency, discrimination, transparency and suchlike. |
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It should also be noted that there is considerable difference in the treatment of these issues in the insolvency laws of different countries, which will necessitate a careful study in order to achieve a harmonized approach. |
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First of all, let me say that the consequences for individuals of the interconnection of national registers with delicate personal data, such as insolvency registers, should be analysed in advance. |
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By dint of my work, my collaboration with the responsible department, by our consultations with the legal community, I had just transformed the Canadian bankruptcy and insolvency legal landscape. |
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And if one of these falls into insolvency, as happened to the German media tycoon Leo Kirch, there is just one less in a highly concentrated market, leaving the market to the remaining elitist magnates. |
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It has now returned to the bill, which means that the responsibilities and debts contracted by local candidates will become the responsibility of the party in the case of insolvency. |
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In addition, he states that he made a declaration of financial insolvency. |
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In the event of the insolvency of the sub-custodian or other depositaries, the Portfolio will be treated as a general creditor of the sub custodian or other depositaries in relation to cash holdings of the Portfolio. |
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The lowest grade corresponds to a minimal risk of insolvency. |
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The Capital Accord of the Basel Committee for Bank Supervision of 1988 focused on the total equity of a bank, which is the key factor in limiting the insolvency risk. |
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In addition, it will develop its partnerships with Crésus and Adie to fight against banking and social exclusion by assisting those at-risk as well as the fight against insolvency and the promotion of micro-lending. |
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You may find information on legal aid, judicial training and videoconferencing in a user-friendly language and have online access to legal databases, case law, insolvency, land and will registers. |
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In the event of the insolvency of the lender selling a participation, the Fund may be treated as a general creditor of the lender and may not benefit from any set-off between the lender and the borrower. |
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However, commentators of civil law countries are generally of the view that insolvency agreements will become more common in the future due to their successful use in cross-border insolvency proceedings. |
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In my view, the regulation can be described as a big hit and an important step towards unitary and uniform European conflict of laws in matters of insolvency. |
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As the main part of its assets and employees were located in both Canada and the United States, insolvency proceedings were commenced in both jurisdictions. |
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The Portfolio's assets are however maintained by the custodian or other depositaries in segregated accounts and would be protected in the event of insolvency of the custodian. |
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Fraudsters use the insolvency process to misrepresent that the insolvency court or representative has reviewed and approved of representations purportedly made on behalf of the insolvent entity. |
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Some countries, such as Spain and Italy, where amicable settlement procedures predominate, record very low official corporate insolvency figures that underestimate the real number of businesses in difficulties. |
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Cost effectiveness, in addition to speed and efficiency, is an important aspect of an effective insolvency regime and one that bears upon all phases of the insolvency process. |
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In some jurisdictions, it may be sufficient for the insolvency representatives to enter into an agreement pursuant to their inherent powers, without the need for subsequent court approval. |
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The formal procedure can thus be a very cost-effective way to disinvest or to reorganise by buying the assets from the administrator, which is possible with the consent of the creditors or by preparing an insolvency plan. |
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The agreement was drafted to take into account the relevant provisions of the Hong Kong SAR and Bermudan insolvency laws and enable the insolvency representatives to administer both liquidations in the most economical way. |
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The OECD contract indemnifies credit risk for insolvency within an annual global deductible of EUR 1 million and an annual global indemnification cap of EUR 11.5 million. |
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There would not be any need for further debate today in that case, as the debate would have been done and dusted in any case when General Motors drew GM Europe along with it into the mess surrounding its insolvency. |
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The Commission believes that the financial situation of Gdynia Shipyard, at least since 2002, has been characterised by continuous illiquidity and insolvency, increasing losses and negative asset value. |
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The civil jurisdiction of the Customary Court does not allow the courts to deal with matters such as the dissolution of civil marriages, testate succession or insolvency. |
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Financial stocks on a world-wide basis faced significant headwinds in the early part of the period due to investors' concern over insolvency or equity dilution. |
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The lessons from both the dynamic equilibrium and hazard model frameworks are complementary and add to our overall understanding of the dynamics of insolvency. |
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Under many legal systems, the insolvency representative will be liable in a civil action for damages arising from its misfeasance or malfeasance, although different approaches are taken to setting the standard required. |
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Southern California Edison, which avoided bankruptcy at the same time by selling its transmission lines to the state, is close to insolvency. In this section A covenant with death Pulling the big bird Kalamazoo, forsooth! |
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Techniques for a more integrated treatment of groups in insolvency might assist in addressing some of the inequities that might arise from winding up highly integrated banking groups on a separate entity basis. |
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A secondary bankruptcy can be opened in any other Party in which bankrupts possess assets, without any need for their insolvency to be established, the main bankruptcy will be enough. |
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Licences, rights in rem, insolvency proceedings and enforcement measures shall be recorded in the files kept by the Office concerning the Community trade mark application. |
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In the Commission's view, neither of these two factors prove that the risk of loss in insolvency or liquidation was qualitatively lower than for share capital. |
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Due to the non-prolongation of bank credits in March 2002 Herlitz AG, Herlitz PBS AG and other group subsidiaries such as Diplomat, HKV and Susy faced imminent insolvency or were already insolvent. |
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Two types of claims that typically may be subordinated in insolvency are those of persons related to the debtor and of owners and equity holders of the debtor. |
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Mr. Goldberg is a founding Partner in Goldberg Thompson, specializing in commercial and corporate law including insolvency and litigation including human and criminal rights. |
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She has also lectured extensively in the legal education field in British Columbia and authored numerous papers and articles on matters regarding insolvency. |
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Stated otherwise, the Convention does not render ineffective in an insolvency proceeding Article 13 interests that otherwise would be effective in the proceeding. |
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Stated otherwise, the Article 21 does not render ineffective in an insolvency proceeding Article 13 interests that are otherwise effective in the proceeding. |
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Thus, in may circumstances the application of the lex fori concursus for insolvency effects may reduce costs and delays and therefore maximize the value of the insolvency estate for the benefit of all creditors. |
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A process available in some jurisdictions, where a reorganization plan is negotiated voluntarily prior to commencement of insolvency proceedings and subsequently approved by the court. |
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Every developed nation makes legal rules for allocating the loss caused by insolvency among affected parties according to its own unique principles. |
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For Carter, the cause of this insolvency was the global Cold War. |
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Where insolvency incurs, an imbalance arises in relations between the two. |
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One consequence of the FHLBB's lack of enforcement abilities was the promotion of deregulation and aggressive, expanded lending to forestall insolvency. |
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Additionally, investors are protected from a deterioration in asset quality, seller insolvency or servicer default by early amortization triggers. |
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The coverage was on an all-risks basis in some cases, absorbing CBI risks derived from a supplier's insolvency for political, economic, credit or other reasons. |
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A claim was brought by the landlord against the guarantor requiring it to be responsible for rent and other sums owing under the lease following the tenant's insolvency. |
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Someone expressed an opinion in favour of making the NHIF face insolvency, appointing requisitors and sending away this the current Supervisory Board as it was not obedient. |
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