This week’s TGIF considers State of Victoria v Goulburn Administration Services (In Liquidation) and Ors [2016] VSC 654, in which Special Purpose Liquidators were appointed despite a potential conflict arising from their firm having conducted compliance audits of the companies.
Background
A recent decision out of a New Jersey Bankruptcy Court highlights a loophole in the Bankruptcy Code which may allow Chapter 7 debtors to keep significant assets out of the hands of trustees and creditors.
USA, New Jersey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Tax, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Beneficiary, Title 11 of the US Code, United States bankruptcy court
In the decision of Re Arcabi Pty Ltd (Receivers & Managers Appointed) (in liq) [2014] WASC 310 the court considered:
- the application of the Personal Property Securities Act 2009 (Cth) (PPSA) to goods being held on a bailment or consignment basis by a company in receivership and liquidation; and
- the receivers’ rights to be indemnified for costs and expenses related to investigating and protecting the property of third parties.
What is the significance?
Australia, Western Australia, Banking, Insolvency & Restructuring, Litigation, King & Wood Mallesons