Is leave of court required for proceedings against a liquidator?

Chapter 11 - Bankruptcy Basics | United States Courts

The information required is governed by judicial discretion and the circumstances of the case. ... claims against the debtor. 11 U.S.C. § 1102. Among other ...

Excalibur Group Pte Ltd v Goh Boon Kok [2012] SGHC 71

Requiring the court's leave in order to commence proceedings against a liquidator is one of the measures that the court can adopt to achieve ...

Cayman Islands Insolvency Law

seek the court's leave to commence a criminal prosecution against the company once a provisional liquidator is appointed or a winding up order is made.

Commencing the Process | Global Restructuring and Insolvency Guide

At the end of the liquidation process, the liquidator will require an order of court to be released and to dissolve the company. In the case of creditors' or ...

Liquidation: A guide for creditors - ASIC

A liquidator who has adopted the simplified liquidation process is not required or permitted to hold a creditors' meeting. Matters that need to ...

507C.21 Powers of liquidator. 1. The liquidator may

(1) Institute timely action in other jurisdictions to forestall garnishment and attachment proceedings against debts. (2) Perform acts as are necessary or ...

Singapore High Court decides in landmark decision that legal and ...

First, that a counterclaim would be caught by the insolvency moratorium (which prohibits the commencement of proceedings against a company in ...

High Court allows plaintiff to continue breach of contract case ...

In determining whether to grant leave, the court will consider whether the plaintiff's claim cannot be easily dealt with in liquidation or ...

645.49(1) - Wisconsin Legislature

Whenever in the liquidator's judgment, protection of the estate of the insurer necessitates intervention in an action against the insurer that is pending ...

Assignment for the Benefit of Creditors: Effective Tool for Acquiring ...

... law ABC process, court procedures, requirements, and oversight are not involved. In contrast, in bankruptcy cases, the judicial process is invoked and ...

Liquidators Could Pay Price for Failed Appeals - Jones Day

However, in "exceptional circumstances", a court may order that a liquidator, as a non-party, satisfy a costs order personally. This will likely ...

Corporations Information Sheet 1: Winding up proceedings based ...

2.6 Any application under s459G of the Corporations Act to set aside a Statutory Demand must be filed with the Court and served on the creditor ...

Chiwete, C - University of Pretoria

If a winding up order is made or a provisional liquidator is appointed, no action or proceeding shall be proceeded with or commenced in any court of law or ...

High Court resolves dispute over appointment of liquidators

It is a stage where the court confirms the identity of those who will exercise control over the liquidation process, following which substantive ...

SECT 471B Stay of proceedings and suspension of enforcement

CORPORATIONS ACT 2001 No. 50, 2001 - SECT 471B ... While a company is being wound up in insolvency or by the Court, or a provisional liquidator of a company is ...

304.33-240 Powers of liquidator.

the assets of the insurer; forestall garnishment and attachment proceedings against such debts; do such other acts as are necessary or expedient to collect ...

Winding Up: Statutory Safeguards (Part 2) - Malaysian Litigator

The provisional liquidators and liquidator, respectively, are entitled to be protected from involvement in court proceedings which may be ...

210. Appointment of provisional liquidator or of liquidator following ...

(2) When a provisional liquidator has been appointed, no action or proceeding shall be proceeded with or commenced against the Company or its property, except ...

(1) The liquidator shall have the power - Nebraska Legislature

... court in liquidation proceedings conducted under the act;. (d) To fix the ... proceedings against such debts;. (ii) To do such other acts as are ...

Flynote - ZambiaLII

... action against a limited liability company in liquidation to obtain such leave from the High Court. In refusing to grant leave the learned trial Judge was ...