Proportionate interest, unexplained credits and partner remuneration disputed; proofs of fund nexus and lender identity were decisive and disallowance...
Capital gains valuation from stamp assessment versus net consideration for residential reinvestment: deemed stamp value replaced for gains but not for...
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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