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    US court considers Pensions Regulator's powers
    2008-11-06

    The US Court has approved a bankruptcy settlement under which a US-listed parent company is liable for the buy-out deficits in its UK subsidiary's pension schemes. Key to the court's considerations was the issue of Financial Support Directions (FSDs) by the UK Pensions Regulator against the US parent company.

    The court decided that:

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debt, Parent company, Buyout, The Pensions Regulator
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    Official Assignee claws back insolvent gifts
    2017-12-12

    Ms P was on her way to bankruptcy. Mr W, a friend and adviser, helped her to gift funds from an inheritance to a family trust. Mr W moved the funds around his own accounts (including his family trust account and business accounts). Ms P was then adjudicated bankrupt.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy
    Authors:
    Bridie McKinnon , Oliver Gascoigne , Matthew Triggs , Myles O'Brien , Susan Rowe , Peter Niven , David Perry , Scott Abel , Kelly Paterson , Scott Barker , Willie Palmer , Jan Etwell , David Broadmore
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Bankruptcy notice not defective
    2011-12-19

    In Stockco Ltd v Denize the applicants sought an order to set aside bankruptcy notices on the ground that the creditor had not complied with High Court Rule 24.8(3).  That Rule requires that a certified copy of the judgment or order on which the bankruptcy notice is based must be attached to the bankruptcy notice.  The applicants claimed that the notice was defective as it was served separately from copies of the judgment.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Two halves make a whole in bankruptcy
    2017-06-29

    In 2013, Mrs Hanara was adjudicated bankrupt.  The Assignee subsequently disclaimed Mrs Hanara's half-interest in a Hastings property (the Interest), in which Mrs Hanara had very little equity.  In 2016, the owner of the other half-share in the property, Mr Hanara, was also adjudicated bankrupt.  The Assignee, acting in respect of both bankrupt estates, looked again at the likely equity that might be available in the property.  The Assignee considered that, on its own, Mr Hanara's one half- share in the property would be unsaleable and therefore applied under s 119

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy
    Authors:
    Matthew Triggs , Scott Abel , Myles O'Brien , Susan Rowe , Kelly Paterson , David Perry , Bridie McKinnon , Willie Palmer , Jan Etwell , Peter Niven , David Broadmore , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Active co-operation from United Kingdom courts in cross-border insolvency
    2011-10-04

    The recent English decision in the Australian liquidation, New Cap Reinsurance Corpn Ltd (in liquidation) and another v Grant and others (available here), has further opened up the possibility for New Zealand insolvency proceedings to be recognised and enforced in the United Kingdom. 

    Filed under:
    Australia, New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Reinsurance, Liquidation, Liquidator (law), Insolvency Act 1986 (UK), High Court of Justice
    Location:
    Australia, New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Insolvent gifts to trustees
    2017-06-29

    In Official Assignee v Carrim the High Court considered the concept of a "gift" in the Insolvency Act 2006.

    The Official Assignee sought to cancel insolvent gifts made by the bankrupt to complete a property purchase by a family trust settled by the bankrupt and Ms Carrim, the bankrupt's partner (as trustees).  The High Court considered:

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Deed, Tax deduction, Discretionary trust, Trustee
    Authors:
    Bridie McKinnon , Matthew Triggs , Myles O'Brien , Kelly Paterson , Peter Niven , Scott Abel , Willie Palmer , David Broadmore , Susan Rowe , Scott Barker , David Perry , Jan Etwell
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Bankrupt receives a three year extension to bankruptcy period
    2011-10-04

    In Official Assignee v Spencer, Mr Spencer's bankruptcy period was extended from three to six years due to his conduct and failure to comply with his obligations under the Insolvency Act 1967 (Act). 

    Mr Spencer was adjudicated bankrupt for the second time in August 2007 and was due to be discharged from bankruptcy in 2010.  However, the Official Assignee objected to Mr Spencer's discharge and asked the Court to exercise its discretion and decline to order the discharge.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Bankruptcy discharge
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    One judgment better than two? Not always
    2017-03-20

    In Body Corporate 341188 v Kelly, a judgment debtor sought to overturn an Associate Judge's decision not to set aside a bankruptcy notice.  The notice was in respect of a District Court judgment and a costs order obtained by the Body Corporate in a separate High Court proceeding.  The debtor argued (among other grounds) that the notice was invalid because it was in respect of two judgment debts rather than one.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Debtor, Debt
    Authors:
    David Perry , David Broadmore , Willie Palmer , Kelly Paterson , Peter Niven , Scott Abel , Jan Etwell , Susan Rowe , Scott Barker , Matthew Triggs , Bridie McKinnon , Myles O'Brien
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Protecting the community – extending period of bankruptcy
    2011-07-01

    The recent case of Re Armitage, ex parte Established Investments Limited (in liquidation) considered an objection by the Official Assignee to Mr Armitage's automatic discharge from bankruptcy. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Bankruptcy, Ex parte, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Bankruptcy no barrier to disclosure of trust information
    2017-03-20

    The Supreme Court has recently dismissed an appeal against a Court of Appeal decision on the disclosure of trust documents to discretionary beneficiaries.

    Filed under:
    New Zealand, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Buddle Findlay, Bankruptcy, Vesting
    Authors:
    Susan Rowe , Scott Abel , Bridie McKinnon , Myles O'Brien , David Perry , Willie Palmer , Matthew Triggs , Jan Etwell , Kelly Paterson , Peter Niven , David Broadmore , Scott Barker
    Location:
    New Zealand, USA
    Firm:
    Buddle Findlay

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