This is the second in a trilogy by WongPartnership’s Restructuring & Insolvency Practice Group on practical guidance for insolvency officeholders. The first, on insolvency officeholders’ duties and decisions, is available here.
The proof of debt (POD) process, a core part of restructuring and insolvency regimes, governs how creditors’ claims are adjudicated, admitted or rejected. In adjudicating PODs, insolvency officeholders act in a quasi-judicial capacity, and must not act “unjudicially, capriciously or arbitrarily”. A creditor dissatisfied with an adjudication may apply to court to reverse or vary a decision, but the standard of review and the avenue of recourse differ, depending on the insolvency regime.
In this update, our Head of Restructuring & Insolvency Smitha Menon and Partners Joel Chng, Daniel Liu, Eden Li and Clayton Chong, together with Associate (Foreign law) Kajal Bhatia, examine those standards by reference to the leading authorities and distil their practical implications for insolvency officeholders.
To view our update, please click here.
If you would like information and/or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners:
Smitha MENON
Head – Restructuring & Insolvency
Partner – Special Situations Advisory
d +65 6416 8129
e smitha.menon@wongpartnership.com
Click here to view Smitha’s CV.
Joel CHNG
Partner – Restructuring & Insolvency
and Special Situations Advisory
d +65 6517 8707
e joel.chng@wongpartnership.com
Click here to view Joel’s CV.
Daniel LIU
Partner – Restructuring & Insolvency
and Special Situations Advisory
d +65 6416 2470
e zhaoxiang.liu@wongpartnership.com
Click here to view Daniel’s CV.
Eden LI
Partner – Restructuring & Insolvency
and Special Situations Advisory
d +65 6517 3766
e eden.li@wongpartnership.com
Click here to view Eden’s CV.
Clayton CHONG
Partner – Restructuring & Insolvency
and Special Situations Advisory
d +65 6416 2472
e clayton.chong@wongpartnership.com
Click here to view Clayton’s CV.