Persons barred from initiating corporate insolvency where they are the debtor in recent or ongoing insolvency contexts. Persons are barred from initiating corporate insolvency resolution where they are the corporate debtor in specified recent or ongoing insolvency contexts: undergoing a corporate or pre pack resolution, being a financial or operational creditor of a debtor in a pre pack, having completed a resolution within the prior twelve months, having an approved resolution plan within that period, having violated an approved plan within the prior twelve months, or being subject to a liquidation order; a corporate applicant is included within the term corporate debtor and these bars do not prevent initiating proceedings against a different corporate debtor.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Persons barred from initiating corporate insolvency where they are the debtor in recent or ongoing insolvency contexts.
Persons are barred from initiating corporate insolvency resolution where they are the corporate debtor in specified recent or ongoing insolvency contexts: undergoing a corporate or pre pack resolution, being a financial or operational creditor of a debtor in a pre pack, having completed a resolution within the prior twelve months, having an approved resolution plan within that period, having violated an approved plan within the prior twelve months, or being subject to a liquidation order; a corporate applicant is included within the term corporate debtor and these bars do not prevent initiating proceedings against a different corporate debtor.
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