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    Insolvency administrator sentenced to 11 years imprisonment for receiving bribes – Wujiang District People’s Court
    2012-09-11

    An insolvency administrator has been sentenced to 11 years of imprisonment for obtaining RMB1.3 million in bribes. Huang Zhicong (“Huang”), former vice-president of Building Materials Corporation in Shaoguan City of Guangdong Province, was the insolvency administrator of Shaoguan New Sunlight Textile Enterprise Co., Ltd. (“New Sunlight”).

    Filed under:
    China, Insolvency & Restructuring, Litigation, White Collar Crime, Baker McKenzie
    Location:
    China
    Firm:
    Baker McKenzie
    Spanish Supreme Court renders judgment in a case of coexistence of similar trademarks
    2010-12-14

    Two companies showed interest in the assets of a third company that was in a state of bankruptcy.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Trademarks, Baker McKenzie, Bankruptcy, Interest
    Location:
    Spain
    Firm:
    Baker McKenzie
    Liquidators' remuneration and expenses - value-based remuneration and closer scrutiny of expenses
    2014-10-23

    On 25 July 2014 and 17 September 2014 respectively, Justice Brereton of the Supreme Court of NSW delivered two related judgments in Re AAA Financial Intelligence Ltd (in liquidation) andRe AAA Financial Intelligence Ltd (in liquidation) (No 2). The decisions deal with the evergreen topic of Liquidator remuneration and expenses.

    Importantly, in fixing the Liquidators' remuneration, Justice Brereton adopted a "value" focussed approach, and discussed the relevance of considering matters beyond simply time spent multiplied by fixed hourly rates. 

    Filed under:
    Australia, United Kingdom, New South Wales, Insolvency & Restructuring, Litigation, Baker McKenzie, New South Wales Supreme Court
    Authors:
    Maria O'Brien , Peter Lucarelli , David Walter , John Anderson
    Location:
    Australia, United Kingdom
    Firm:
    Baker McKenzie
    “Winners” and “losers” in alleged Ponzi schemes: court approves bankruptcy trustee’s settlement with parties who did not lose money
    2014-02-21

    When a Ponzi scheme collapses, as with musical chairs, there will be some investors with a place to sit, while others are bereft of such comfort.

    Filed under:
    Canada, British Columbia, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Baker McKenzie, Bankruptcy
    Location:
    Canada
    Firm:
    Baker McKenzie
    Pensions Regulator issues statement to insolvency sector
    2012-08-29

    The Pensions Regulator (the "Regulator") has published a statement to help banking, insolvency and restructuring professionals understand its approach to its Financial Support Direction ("FSD") powers in insolvency situations.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Baker McKenzie, The Pensions Regulator
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Intercreditor agreements
    2010-10-27

    A group of senior lenders to European Directories SA, a Macquarie Group Ltd affiliate, have succeeded on their appeal to the English Court of Appeal in litigation with European Directories' mezzanine lenders over a €2billion loan restructuring plan for the company.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Extensions of time for liquidator's recovery actions - "shelf orders" to be scrutinised by the High Court
    2014-10-20

    Since BP Australia Pty Ltd v Brown, there has been a practice of Courts across Australia granting "shelf orders", whereby time for voidable transaction recovery actions by a Liquidator under section 588FF is extended "at large".  The Court's power to grant these "shelf orders", however, is to be scrutinised by the High Court in December 2014, in the course of the Octaviar group liquidation.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    David Walter , Maria O'Brien , Peter Lucarelli , Jahan Navidi
    Location:
    Australia
    Firm:
    Baker McKenzie
    Insolvency - 2013/14 annual case update
    2014-02-07

    Insolvency - 2013/14 Annual Case Update February 7, 2014 By Frank Spizzirri, Shaheen Karolia and Jonathan Tam (Student at Law) Baker & McKenzie LLP (Toronto) 2 Case Index Case Name Page # 1. The Indalex Update (Aveos/Grant Forest/Timminco) a) Aveos Fleet Performance Inc., 2013 QCCS 5762 b) Grant Forest Products Inc. v. GE Canada Leasing Services Co., 2013 ONSC 5933 c) Timminco ltée (Arrangement relatif à), 2014 QCCS 174 4 2. Re Northstar Inc. (Director Liabilities in connection with Environmental Costs) 9 3. Re Moore, 2013 ONCA 769 11 4. Re Dilollo, 2013 ONCA 550 13 5. Re Schreyer.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Baker McKenzie, Defined benefit pension plan
    Location:
    Canada
    Firm:
    Baker McKenzie
    Inquiry into construction industry insolvency
    2012-08-28

    Why the Inquiry?

    The NSW Government has announced an independent Inquiry into Construction Industry Insolvency in NSW.  Announced by NSW Minister for Finance & Services the Hon. Greg Pearce, the Inquiry will examine the extent and causes of insolvency in the NSW construction industry and what reforms are needed to minimise the adverse effects of insolvency on sub-contractors.

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Alex Hartmann
    Location:
    Australia
    Firm:
    Baker McKenzie
    Bankruptcy records to be made available online
    2010-07-22

    Mexican authorities plan to put 10 years worth of corporate insolvency documents online in order to bring transparency to the judicial system, which is often bogged down by bureaucracy.

    Filed under:
    Mexico, Insolvency & Restructuring, IT & Data Protection, Baker McKenzie, Bankruptcy
    Location:
    Mexico
    Firm:
    Baker McKenzie

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