When a borrowing company goes into administration, lenders will want to enforce their security immediately. However, administration risk delays lenders from enforcing their security during the moratorium period without leave from the court or consent from the administrator.
This article provides an insight into administration risk, explains ways to mitigate administration risk and how featherweight securities can be effectively used.
Australia, Banking, Insolvency & Restructuring, Litigation, Piper Alderman, Insolvency, Corporations Act 2001 (Australia), Personal Property Securities Act 2009 (Australia)
The Perishable Agricultural Commodities Act regulates transactions in fresh and frozen fruits and vegetables. It does this in part by creating a general trust for the benefit of produce sellers.
USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Commodity, Liquidation, Fifth Circuit