Key Points
- Trustees in bankruptcy entitled to more than return of shares wrongfully transferred by bankrupt
- Trustees also entitled to recover loss in the value of shares
- Appropriate basis of valuation was fair value (not market value)
The Facts
Key points
- Court does not have jurisdiction to direct detailed assessment of fees agreed by administrators on application of liquidator
- Administrators can agree solicitors’ fees for work carried out during the administration after they cease holding office
- The court has no inherent jurisdiction to direct a detailed assessment
The facts
Key Points
- Court held notice to scheme creditors (here two weeks) was not sufficient in light of complexity of scheme
- Court also highlighted deficiencies in supporting documentation
The Facts
Yes, Gathering Agreements Can Be Rejected as Executory Contracts (At Least Under One Court’s Interpretation of Texas Law)
Key points
- Principles applying to exercise of liquidators’ powers are the same as those prior to legislative changes
- Views of creditors influenced by personal considerations to be disregarded
- The overriding requirement is for liquidators to exercise their professional judgment in the best interests of creditors
The facts
Can Gathering Agreements Be Rejected as Executory Contracts?
Key Points
- Test for personal service of bankruptcy petition same as for claim forms
- Document to be handed to debtor or contents explained and left “with or near” debtor
- Rule 7.55 can be used to remedy any irregularity in service if necessary
The Facts
In 2015, the energy sector accounted for more than one-half of all public company bankruptcy filings, including eight of the 10 largest filings. Current oil prices and bond values indicate that 2016 will be another active year. As of late January 2016, crude oil prices hovered around $30 per barrel. These low prices are reflected in the bond market, where in December 2015, approximately $80 billion in non-defaulted oil and gas debt was trading below 50 cents on the dollar.
Key Points
- Court considers the impact of the Spanish Insolvency Act on guarantees governed by English law
- Court holds that the liability under the guarantee was not extinguished
The Facts
Key Points
- An administrator may be able appeal an order restoring a company following dissolution
- The court has jurisdiction to backdate a winding up order made following restoration to the date of dissolution
- The court must exercise its discretion to do so with extreme caution
The Facts
Client Connection Limited (“Company”) was placed into administration and Ms Sharma (“A”) was appointed as administrator. Following a pre-pack sale of the business of the Company, A moved the Company to dissolution.