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    Continuity of undertakings: a new law to replace the law on composition
    2008-12-01

    On 6 November 2008, the Belgian House of Representatives adopted a bill on the continuity of companies. Although the Senate has exercised its right to examine the bill and may propose amendments until 26 January 2009, we thought it useful to go ahead and address this new bill, which will replace the Act of 17 July 1997 on composition with creditors (Wet op het gerechtelijk akkoord/Loi sur le concordat judiciaire).

    Filed under:
    Belgium, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Legal personality, Debtor, Breach of contract, Interest, Employment contract, Moratorium, Bad faith
    Location:
    Belgium
    Firm:
    NautaDutilh
    New Bill C-86 introduces many more changes to IP laws
    2018-10-30

    On October 29, 2018, the Canadian Government introduced Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures. Bill C-86 is omnibus legislation, over 850 pages in length, which addresses diverse subjects including income tax, money laundering, and greenhouse gas emissions pricing. Numerous amendments and additions to Canadian intellectual property legislation are proposed.

    Filed under:
    Canada, Copyrights, Insolvency & Restructuring, IT & Data Protection, Patents, Public, Trademarks, Smart & Biggar, Patentable subject matter, Bad faith, Supplementary protection certificate, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Privacy Act 1983 (Canada), Copyright Act 1985 (Canada)
    Authors:
    David Schwartz , Emily Miller
    Location:
    Canada
    Firm:
    Smart & Biggar
    Something is better than nothing: court approval of liquidator entering litigation funding agreement
    2017-06-23

    This week’s TGIF considers In re City Pacific Limited in which the NSW Supreme Court considered whether to approve a liquidator entering into a litigation funding agreement under which the funder would receive a premium of at least 50% of any judgment or settlement achieved.

    WHAT HAPPENED?

    In late 2009, two related companies were wound up and the same liquidator was appointed. The liquidator instituted two proceedings in the NSW Supreme Court:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Liquidation, Bad faith, Liquidator (law), New South Wales Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Proposal of reorganization plan in bad faith
    2018-06-13

    The legal instrument of reorganization plan is in practise often misued. For example, the plan is proposed just to to obtain a period of moratorium (in which the execution proceedings can not be run against the debtor), there are subsequent reorganization plans (so called „Chapter 22“) for the same debtor and plans are proposed even where there are no real economic grounds.

    Filed under:
    Serbia, Company & Commercial, Insolvency & Restructuring, Litigation, AKT Todorovic and Partners, Bad faith
    Location:
    Serbia
    Firm:
    AKT Todorovic and Partners
    Bad faith and claims surviving bankruptcy
    2015-01-19

    One of the primary reasons why people declare bankruptcy is that upon being discharged, the bankrupt person is released from their obligation to repay most of the debts that had existed at the time they went bankrupt. I say most because there are certain exceptions to this rule, debts that the Bankruptcy and Insolvency Actitemizes as debts not released by an order of discharge.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Bankruptcy, Bad faith, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal for Ontario
    Authors:
    Eric Sherkin
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    A brief description of revocation of payment of debts to individual creditors made through judicial proceedings in bankruptcy proceedings
    2014-09-30

    Payment of debts to individual creditors (hereinafter also referred to as “individual payoff”) refers to the debtor’s payment to individual creditors when the debtor is already subject to bankruptcy because of a certain reason. The P.R.C.

    Filed under:
    China, Insolvency & Restructuring, Watson & Band Law Offices, Bankruptcy, Debtor, Bad faith
    Location:
    China
    Firm:
    Watson & Band Law Offices
    Civil Law (Miscellaneous Provisions) Act 2011 introduces a number of important reforms
    2011-08-04

    The Civil Law (Miscellaneous Provisions) Act 2011 was signed into law by the President on 2 August 2011.  The Act provides for certain provisions, concerning private security services, bankruptcy and family mediation services, to come into operation on such days as the Minister for Justice and Equality, by order, appoints. All other provisions of the Act came into force on 2 August.

    The Act introduces a number of important reforms across a broad range of areas, including:

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, A&L Goodbody, Bankruptcy, Solicitor, Negligence, Bad faith, Conveyancing, Gross negligence, Volunteering, Freedom of Information Act 2000 (UK)
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Forfeiture of assets on insolvency: “it’s yours until you go bust”
    2011-09-22

    Belmont Park Investments Pty Limited v BNY Corporate Trustee Services Limited and another [2011] UKSC 38.

    The Supreme Court has clarified the extent to which it is possible for a contract to provide for a company or individual to lose assets on insolvency.  

    Summary

    Well-established rules are unchanged, so landlords can still forfeit leases on insolvency. In other cases, if a transaction is entered into in good faith and for valid commercial reasons, it is likely to be upheld.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Share (finance), Bankruptcy, Patent infringement, Ex parte, Good faith, Bad faith, Asset forfeiture, Parent company, Pro rata, Supreme Court of the United States, UK Supreme Court
    Authors:
    Steven Fennell , Dino Paganuzzi
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Clarity in settlement agreements required
    2009-03-23

    Where the entirety of a debt is not included in an agreement to settle, a creditor can continue to prove in a bankruptcy for the balance.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Interest, Consideration, Debt, Marriage, Bad faith, Insolvency Act 1986 (UK), Trustee
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Single Asset Real Estate Case Dismissed for “Bad Faith” Under Fourth Circuit Precedent
    2018-12-10

    In In re Fairfield TIC, LLC, Case No. 18-73744-VJ (E.D. Va. Nov. 20, 2018), the Bankruptcy Court for the Eastern District of Virginia dismissed a single asset real estate case, pursuant to section 1112(b) of the Bankruptcy Code, on “bad faith” grounds, based on the holding in Carolin Corp. v. Miller, 886 F.2d 693 (4th Cir. 1989).    

    Facts

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, FisherBroyles LLP, Bankruptcy, Bad faith
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP

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