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Punj Lloyd Limited is an Indian Engineering, procurement and construction (EPC) company providing services for energy, infrastructure and defense sectors. The company's operations are spread across the Middle East and Africa, [ 2 ] [ 3 ] Asia Pacific, South Asia and Europe.
A “debtor,” for the purposes of the Act, is “a person or a partnership, or the estate of a person or partnership, which is a debtor in the usual sense of the word, except a body corporate or a company or other association of persons which may be placed in liquidation under the law relating to companies.”
Under UK insolvency law an insolvent company can enter into a company voluntary arrangement (CVA). The CVA is a form of composition, similar to the personal IVA (individual voluntary arrangement), where an insolvency procedure allows a company with debt problems or that is insolvent to reach a voluntary agreement with its business creditors regarding repayment of all, or part of its corporate ...
Insolvency practice was historically dominated by white men, [1] and section 158(2) of the Insolvency Act explicitly licensed the Minister to consider affirmative action in making the policy. The impugned clauses of the policy were related to these affirmative action considerations.
A trustee must bring an application under section 96 of the Bankruptcy and Insolvency Act for the court to declare a transaction void. [12] The trustee has different legal requirements where the party was or was not dealing at arm's length with the debtor. Where the parties were at arm's length, the trustee must prove that the transaction was ...
On application by the trustee, the court may declare a transfer void where: the transfer was at undervalue; it occurred within one year of the initial event; the debtor was insolvent at the time of transfer, or rendered insolvent by the transfer; the debtor intended to defraud, defeat or delay creditors (and such intent must be proved)
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A transfer will be fraudulent if made with actual intent to hinder, delay, or defraud any creditor. Thus, if a transfer is made with the specific intent to avoid satisfying a specific liability, then actual intent is present. However, when a debtor prefers to pay one creditor instead of another, that is not a fraudulent transfer. [citation needed]