Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
A successful resolution applicant who participated in a CoC-approved process and accepted known stipulations could not later describe the letters of intent as conditional or withdraw from the plan; the objection was rejected and the applicant remained bound by the resolution process. Failure to furnish the performance bank guarantee and comply with the accepted timeline attracted forfeiture of the earnest money deposit under the plan terms, and the forfeiture was upheld. The CoC was also entitled, before confirmation of the resolution plan, to resolve to liquidate the corporate debtor; that decision was treated as an exercise of commercial wisdom, and the challenge to liquidation was dismissed.
A successful resolution applicant who participated in a CoC-approved process and accepted known stipulations could not later describe the letters of intent as conditional or withdraw from the plan; the objection was rejected and the applicant remained bound by the resolution process. Failure to furnish the performance bank guarantee and comply with the accepted timeline attracted forfeiture of the earnest money deposit under the plan terms, and the forfeiture was upheld. The CoC was also entitled, before confirmation of the resolution plan, to resolve to liquidate the corporate debtor; that decision was treated as an exercise of commercial wisdom, and the challenge to liquidation was dismissed.
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