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Group insolvency framework: When one is not for all
Group insolvency framework: When one is not for all

New Indian Express

time5 days ago

  • Business
  • New Indian Express

Group insolvency framework: When one is not for all

The principle of separateness is no minor technicality. It lies at the heart of company law. The landmark 1896 ruling by the British House of Lords, in Salomon vs Salomon & Co, established that once incorporated, a company acquires its own legal identity, distinct from its shareholders, directors, or affiliates. This was more than a formalism; it unleashed the modern economy, shielding personal assets from business risks and allowing capital to move freely. India's Supreme Court has affirmed this on many instances, underscoring that corporate separateness is not a legal fiction to be set aside for convenience, but a deliberate construct governing credit, liability, and risk. The IBC reflects this. It treats companies as distinct legal persons, with debts, defaults, and proceedings that are all individually determined. Section 3(7) defines a 'corporate person' in individual terms—one corporation at a time. Section 5(8), which defines 'financial debt,' presupposes a direct relationship between debtor and creditor, not a complex web of inter-corporate obligations. And from Section 6 onwards, the entire resolution mechanism is built around initiating proceedings against 'a corporate debtor'—not a group, conglomerate, or an economic cluster. Of course, the notion that each company is a sealed legal island has its exceptions. Courts in India and abroad have occasionally 'pierced' the corporate veil—especially when the structure is used to commit fraud or evade the law. As early as 1933, Lord Denning remarked that courts could 'pull aside the corporate veil' to see the true actors behind it (Gilford Motor Co vs Horne). Indian courts have likewise reaffirmed that corporate identity is not a shield for misconduct. But these are the exceptions to the rule, triggered by fact-specific abuse, not tools for convenience or policy innovation. The call for a group insolvency framework stems from real-world frictions, not just theory. Consider the Srei Group, where both the parent and its subsidiary were forced into parallel insolvency proceedings, despite shared cash flows, cross-guarantees, and overlapping liabilities. This created a procedural quagmire: creditors filed claims in both forums, there was confusion over ownership of assets, and value was steadily lost. The Videocon case posed an even starker dilemma. Thirteen companies, all functionally run as one business, were admitted into distinct CIRPs—only to be later resolved collectively by judicial innovation, not legislative design.

Local Neurosurgeon Jeremy Denning Raises Awareness for National Scoliosis Month
Local Neurosurgeon Jeremy Denning Raises Awareness for National Scoliosis Month

Yahoo

time28-05-2025

  • General
  • Yahoo

Local Neurosurgeon Jeremy Denning Raises Awareness for National Scoliosis Month

Early Detection and Tailored Treatment Plans Can Improve Quality of Life PLANO, Texas, May 28, 2025 (GLOBE NEWSWIRE) -- June is National Scoliosis Awareness Month – an ideal time to explore causes and treatment methods for scoliosis, which affects approximately 7 million people in the United States, as reported by the National Scoliosis Foundation. 'Scoliosis is a condition where the spine curves abnormally, often resembling an S or C shape when viewed from behind. This can lead to spinal or truncal imbalance and pain that may interfere with one's daily activities,' says Jeremy Denning, MD, a neurosurgeon with Dallas Neurosurgical & Spine and chief of the Neurosurgery Department at Baylor Scott & White Medical Center – Plano. 'Thankfully, early detection and tailored treatment plans can significantly improve quality of life.' Common scoliosis symptoms include visible symptoms – such as a visible curvature of the spine, uneven shoulders or a tilted pelvis. Other symptoms might include back pain, fatigue, and in severe cases, breathing difficulties and limited mobility. Dr. Denning recommends regular scoliosis screenings by a qualified healthcare professional for anyone who is experiencing symptoms or has high risk factors. 'Most patients are diagnosed during childhood growth spurts, so children around 10-14 years old are considered high risk. Adult cases are less common, but scoliosis can occur at any age, so if you're experiencing symptoms or have high risk factors, consult a healthcare provider,' explains Dr. Denning. 'The exact cause of scoliosis is frequently unknown, referred to as idiopathic scoliosis – but it can also arise from congenital spine defects, neuromuscular disorders or degenerative diseases.' A family history of scoliosis can increase risk, as can certain neuromuscular disorders. In addition, the National Scoliosis Foundation reports girls as being eight times more likely to develop more serious scoliosis cases, which are severe enough to require treatment. Not all cases require medical intervention, and treatment methods vary, depending on the severity of the condition. Treatment methods for mild and moderate cases include physical therapy and strengthening exercises and/or bracing. Bracing is used to prevent curve progression in growing children or adolescents. More severe cases may require surgery. 'We always explore nonsurgical treatments first. If those treatments are ineffective or the patient's condition worsens significantly, then we may recommend surgery,' notes Dr. Denning. 'Surgical options range from minimally invasive techniques to correct the curvature, such as vertebral tethering, to more extensive procedures like spinal fusion.' Dr. Denning adds that patients with mild to moderate scoliosis may find pain relief through at-home remedies such as strengthening and stretching exercises, posture awareness or heat therapy. A board-certified and fellowship-trained neurosurgeon, Dr. Denning has more than 20 years of experience treating patients. Dr. Denning's specialties include head injuries, scoliosis treatment, degenerative spine disease, tumor removal and pathology, disc treatment, reconstructive surgery, arthritis treatment and cerebrovascular surgery. Dr. Denning graduated with honors from Howard Payne University with dual degrees in biology and broadcast journalism. He graduated first in his class from medical school, earning his MD from The University of Texas Health Science Center at Houston. Dr. Denning completed his internship in general surgery and a residency in neurosurgery through Baylor College of Medicine in Houston. In addition, Dr. Denning completed a prestigious fellowship in complex and minimally invasive spine surgery at New York University Medical Center and a preceptorship in cerebrovascular surgery under Professor Juha Hernesniemi, one of the world's foremost authorities on the subject and the chairman of neurosurgery at Finland's Helsinki University Central Hospital, Töölö Hospital. Dallas Neurosurgical & Spine is the longest running, privately held neurosurgical group in North Texas, with more than 50 years of experience caring for patients. Located in Plano, Texas, the nationally renowned neurosurgical care center draws patients from all over the United States, treating approximately 6,000 patients per year. The practice's doctors are widely regarded for their exceptional skill, specialized training and patient-centered approach. For more information, visit Media Contact:Krista SimmonsBluebonnet Public Relations682-225-9135krista@ in retrieving data Sign in to access your portfolio Error in retrieving data Error in retrieving data Error in retrieving data Error in retrieving data

Benjamin Tompkins appointed to Stutsman County Commission
Benjamin Tompkins appointed to Stutsman County Commission

Yahoo

time20-05-2025

  • Politics
  • Yahoo

Benjamin Tompkins appointed to Stutsman County Commission

May 20—JAMESTOWN — The Stutsman County Commission in a 4-0 vote on Tuesday, May 20, appointed Benjamin Tompkins to serve on the board. Tompkins was one of 11 applicants who applied to fill the vacant seat on the county commission. "I'm very excited," Tompkins said. "I think that I can bring a lot of perspective that not everybody gets to see." The other applicants were George Barnes, John Baumgartner, Paul Belzer, Dernel Denning, Steven Gerszewski, John Grabinger, Daren Peterka, Trever Sahr, Taylor Vining and Alan Williams. Tompkins took the oath of office and filled the vacant seat after he was appointed on Tuesday. Earlier at a special meeting, the county commission voted to narrow the field to one. The commission recommended appointing Tompkins at the special meeting. County Commissioner Levi Taylor said the commission appreciates having a wide range of applicants to choose from. "Competition is a good thing for our county," he said. "I would encourage you all to stay involved and continue to engage if you can." The vacancy was created after the death of Commissioner Jerry Bergquist on April 24. Bergquist was elected to the commission in November 2022. Tompkins will hold the office at least until the next general election. North Dakota Century Code 44-02-05 says the appointee holds office until the appointee's successor is elected at the next general election that occurs at least 95 days after the vacancy and the successor has qualified. The next general election cycle is in 2026. The commission narrowed the field of 11 to five with the first round of voting on a paper ballot. Peterka got four votes, Tompkins received three and Grabinger got two. Stutsman County Sheriff Chad Kaiser was called to be the fifth member to decide on two of the three final applicants for the top five between Baumgartner, Denning and Vining, who each received one vote. Kaiser voted for Vining and Denning. The final five applicants each spoke in front of the commission for about a minute before the commission narrowed the field to the final three. The commission chose Peterka and Tompkins, each with three votes, and there was a tie for the final applicant between Denning and Grabinger with one vote each. Kaiser chose Grabinger as the final applicant to break the tie with Denning. Tompkins received three votes and Peterka got one for the final vote. Tompkins resides in rural Pingree, North Dakota. He farms from Buchanan to northeast Stutsman County. Tompkins said he has lived in a rural area his entire life and understands what the gravel roads look like in rural Stutsman County. He said county roads need to be safe for motorists. "(I) want everybody to have good access to all the wonderful things that Stutsman County has to offer," he said. Tompkins said he wants to help find solutions to any issues in Stutsman County. "If there's any problems, I feel like I'm good at finding solutions for them," he said. Tompkins said he's willing to listen to his constituents in the county. "I'm easy to get a hold of," he said. "If anybody has any concerns or questions, feel free to call."

Holyoke man arrested following shoplifting at Hadley Walmart
Holyoke man arrested following shoplifting at Hadley Walmart

Yahoo

time18-05-2025

  • Yahoo

Holyoke man arrested following shoplifting at Hadley Walmart

HADLEY, Mass. (WWLP) – A Holyoke man was arrested in Hadley Saturday evening in connection with shoplifting from Walmart. Mass. leader of drug trafficking organization sentenced to prison The Hadley Police Department said that shortly before 5:00 p.m. on Saturday, officers received reports from two callers regarding a shoplifting that occurred at Walmart. The callers worked with the department's Public Safety Dispatchers to report on the suspect's whereabouts after he left the store. Officers quickly located the suspect, who then attempted to dispose of the stolen products. The suspect, identified as 35-year-old Kevin Denning of Holyoke, was arrested, and the merchandise was recovered. The stolen property recovered was multiple Lego sets valued in total at over $300. Denning was charged with shoplifting and was additionally arrested on two active warrants. WWLP-22News, an NBC affiliate, began broadcasting in March 1953 to provide local news, network, syndicated, and local programming to western Massachusetts. Watch the 22News Digital Edition weekdays at 4 p.m. on Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Former Pennsylvania police chief sentenced for selling meth, cocaine
Former Pennsylvania police chief sentenced for selling meth, cocaine

Yahoo

time02-05-2025

  • Yahoo

Former Pennsylvania police chief sentenced for selling meth, cocaine

PENNSYLVANIA (WTAJ) — A former Pennsylvania police chief was sentenced on Thursday for conspiring to distribute meth and cocaine. Shawn Denning, 44, of Delmont, was sentenced to 15 months in prison for violating narcotic laws by United States District Judge Cathy Bissoon. Denning pleaded guilty in April of 2024 to conspiring to distribute 50 grams or more of a substance that contained meth and cocaine. According to the Department of Justice, while Denning was chief, he was involved in a nationwide drug conspiracy and helped multiple people purchase drugs from suppliers in California. Those drugs included cocaine and meth that was disguised as counterfeit Adderall pills. Cambria County woman accused of stealing over $198k Another former officer who conspired with Denning to sell drugs, Regine McAtee, is set to be sentenced at a later date in May. Along with prison time, Denning will have to serve two years of supervised release and a $2,000 fine. 'When law enforcement becomes the bad guys, our civil society cannot function,' Judge Bissoon said during sentencing. Assistant United States Attorney Nicole Vasquez Schmitt prosecuted this case on behalf of the government. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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