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    The payment of Allan Hubbard's legal fees
    2011-07-01

    The government placed the Hubbards, their companies (Aorangi Securities and Hubbard Management Funds), and seven charitable trusts in statutory management in June 2010. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, White Collar Crime, Buddle Findlay, Security (finance), Attorney's fee
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Sally Creek: a question of integrity or liability for trustees in bankruptcy
    2011-03-02

    The 2010 decision of the Ontario Court of Appeal in Murphy v. Sally Creek Environs Corp. (Trustee of) considered the role of a trustee in bankruptcy as an officer of the court and its obligation to act fairly and with integrity throughout bankruptcy proceedings.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Misconduct, Solicitor, Attorney's fee, Unsecured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Claiming legal costs in an insolvency proceeding
    2011-03-14

    Recovery of legal costs in insolvency proceedings can be a difficult procedure, as the ability of counsel to claim costs depends on the work performed, the timing of the work, and for whom the work was done.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Costs in English law, Debtor, Ex parte, Court costs, Attorney's fee, Unsecured creditor, Trustee
    Location:
    Canada
    Firm:
    Dentons
    Court decisions clarify rights of non-profit directors to pay legal fees during receivership
    2010-10-29

    The December 2009 decision of the Ontario Court of Appeal in Peterborough (City) v. Kawartha Native Housing Society Inc. is significant in clarifying the right of the boards of directors of non-profit corporations in receivership to retain legal counsel and pay legal fees out of the corporation’s funds. The case arose out of the contested receivership of two non-profit First Nations social housing corporations.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP, Board of directors, Attorney's fee, Court of Appeal of England & Wales, Court of Appeal for Ontario, Ontario Superior Court of Justice
    Authors:
    Amyn F. Lalji
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Storage charges self assessed by secured party
    2010-08-27

    Able Automotive Ltd v Cameron-Okolita Inc, 2010 SKQB 34

    Able brought a motion to appeal the bankruptcy Registrar’s decision that Able was a secured creditor for a certain amount, but disallowing its claim for certain costs, including insurance, a new engine for the vehicle, and storage charges, legal fees and costs.

    Filed under:
    Canada, Saskatchewan, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Bankruptcy, Costs in English law, Collateral (finance), Secured creditor, Attorney's fee
    Authors:
    Jennifer Babe
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    SemCAMS faces triangular set-off issue in its CCAA proceedings
    2009-05-01

    Triangular (or cross-affiliate) set-off has been at issue recently in the Companies' Creditors Arrangements Act (Canada) (CCAA) proceedings with respect to SemCAMS ULC (SemCAMS) (and certain other of its Canadian affiliates). In one application, SemCAMS successfully challenged Nexen Marketing's (Nexen) attempts to effect triangular set-off where Nexen lacked a contractual right to do so.

    Nexen Marketing was a party to a number of agreements with SemCAMS and certain of its affiliates:

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Stikeman Elliott LLP, Natural gas, Option (finance), Consideration, Debt, Attorney's fee, Parent company
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP
    Second Circuit joins Ninth in permitting general unsecured creditors to include attorneys’ fees as part of their claim
    2010-04-28

    In Ogle v. Fidelity & Deposit Co. of Maryland, 586 F.3d 143 (2d Cir. 2009), the Second Circuit has now become the second circuit court of appeals to recently conclude that general unsecured creditors may include postpetition attorneys’ fees as part of their claim when attorneys’ fees are permitted by contract or applicable state law.11

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond (finance), Debtor, Unsecured debt, Federal Reporter, Concession (contract), Default (finance), Attorney's fee, Unsecured creditor, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Improper involuntary bankruptcy petition gives rise to award of counsel fees
    2010-06-16

    In Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Punitive damages, Bankruptcy, Costs in English law, Debtor, Good faith, Involuntary dismissal, Attorney's fee, US Code, Ninth Circuit, United States bankruptcy court
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Court emphasizes risks of dealing with known insolvent entity
    2010-08-16

    A recent 7th Circuit Court of Appeals decision shows the risks of dealing with an entity known to be insolvent and demonstrates that claimants, however deserving, can expect little sympathy from the courts. (Fusion Capital Fund II, LLC v. Richard Ham and Carla Aufdenkamp No. 09-3723 decided August 2, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Masuda Funai Eifert & Mitchell Ltd, Shareholder, Fraud, Board of directors, Limited liability company, Tortious interference, Attorney's fee, US Securities and Exchange Commission
    Authors:
    Stephen M. Proctor
    Location:
    USA
    Firm:
    Masuda Funai Eifert & Mitchell Ltd
    Sixth Circuit rules in favor of bank and resolves conflict among bankruptcy courts concerning whether the arrearage amount on mortgages includes fees and costs permitted by the contract terms and non-bankruptcy law
    2010-10-19

    Deutsche Bank held an under-secured home mortgage from a Chapter 13 debtor. The debtor was in arrears, but wanted to retain possession and control of her home. Thus, in her Chapter 13 plan, the debtor proposed to cure the arrearage, as required by 11 U.S.C. § 1322(e). The problem, however, was that the parties could not agree on the arrearage amount.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Costs in English law, Debtor, Collateral (finance), Statutory interpretation, Federal Reporter, Mortgage loan, Attorney's fee, US Congress, Deutsche Bank, Westlaw, US Code, United States bankruptcy court, Sixth Circuit
    Authors:
    S. Chad Meredith
    Location:
    USA
    Firm:
    Frost Brown Todd LLP

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