CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. O'NEILL BROS. TRANSFER & STORAGE (August 31, 2010)
SCHLEICHER v. WENDT (August 20, 2010)
Conseco was a large financial services company traded on the New York Stock Exchange. It filed for bankruptcy in 2002 and successfully reorganized. This securities-fraud claim was filed against Conseco managers who are alleged to have made false statements prior to the bankruptcy. Then-District Judge Hamilton (S.D. Ind.) certified a class. Defendants appeal.
IN RE: AIRADIGM COMMUNICATIONS, INC. (August 4, 2010)
IN RE: MEYERS (August 2, 2010)
SMITH v. SIPI, LLC (July 27, 2010)
IN RE: SOLIS (July 9, 2010)
IN RE: MCKINNEY (June 23, 2010)
IN RE: SOUTH BEACH SECURITIES (May 19, 2010)
QUESTIONS AND ANSWERS
Q1. Is it possible to appoint a receiver over assets which have been charged by a British Virgin Islands (‘BVI’) company (a ‘Company’) under a security document?
A1. Yes, provided that the security interest which has been granted by the Company to the beneficiary (the ‘mortgagee’) over the Company’s assets allows the mortgagee to appoint a receiver. Appointing a receiver is probably the most common way of enforcing security interests granted by Companies.