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    Liquidator’s bankruptcy notice narrowly upheld
    2013-07-17

    The recent decision of Lewis v Nortex Pty Limited (in liquidation)1 highlights potential issues that may arise for liquidators when issuing a bankruptcy notice.

    Facts

    Nortex Pty Ltd (Nortex) was the trustee of the Nortex Unit Trust (Trust) pursuant to a deed. Under the terms of the trust deed, Nortex ceased to be trustee when the company went into liquidation. The beneficiaries of the trust were Kation Pty Ltd (Kation) which was controlled by the appellant (Lewis) and Lamru Pty Ltd (Lamru).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, McInnes Wilson Lawyers, Bankruptcy, Liquidation, Liquidator (law)
    Authors:
    Caitlin Connole , Alicia Hill , Glenn Caligaris
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Does the bankruptcy of a personal trustee or appointor of a discretionary trust expose the trust assets?
    2013-07-08

    In an important decision for the large number of discretionary trusts in Australia, the Supreme Court of New South Wales has considered whether a family trust structure is a sufficiently robust firewall to protect the family trust assets against claims by a trustee in bankruptcy appointed to the personal Trustee or Appointor of a family trust.

    The decision is Lewis v Condon; Condon v Lewis [2013] NSWCA 204 which was handed down on 4 July 2013 by the Court of Appeal.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Cordato Partners, Bankruptcy, Discretionary trust, Trustee
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    A useful weapon in a trustee’s arsenal
    2013-05-31

    On the occurrence of bankruptcy, the trustee must take immediate possession or control of the bankrupt’s property, as that property is now “available” to the trustee for the benefit of creditors generally and vests in the trustee for that purpose.  However, a bankrupt may not always co-operate with his or her trustee and will often refuse to deliver up property to the trustee or even allow the trustee on to the premises where the property is held.

    A relevant example

    Filed under:
    Australia, Insolvency & Restructuring, Bartier Perry, Bankruptcy, Sole proprietorship, Trustee
    Authors:
    Mark Tierney
    Location:
    Australia
    Firm:
    Bartier Perry
    Search warrants under the Bankruptcy Act
    2013-05-29

    On the occurrence of bankruptcy, the trustee must take immediate possession or control of the bankrupt’s property, as that property is now “available” to the trustee for the benefit of creditors generally and vests in the trustee for that purpose.  However, a bankrupt may not always co-operate with his or her trustee and will often refuse to deliver up property to the trustee or even allow the trustee on to the premises where the property is held.

    A relevant example

    Filed under:
    Australia, Insolvency & Restructuring, Bartier Perry, Bankruptcy, Sole proprietorship
    Authors:
    Mark Tierney
    Location:
    Australia
    Firm:
    Bartier Perry
    A warning on debtor’s petitions
    2013-04-12

    The Federal Magistrates Court of Australia decision of Dubow v Official Receiver & Anor [2013] FMCA 217 confirms that the Court’s discretion to annul bankruptcy is limited.  Even if the discretion is enlivened, it appears that the Court will be reluctant to exercise its discretion where the bankruptcy has come about by the bankrupt’s own petition.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Federal Circuit Court of Australia
    Authors:
    Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Insolvency Law Reform Bill 2013 aims to harmonise regulatory framework for insolvency practitioners
    2013-02-25

     

    In brief - Bill implements reforms proposed in options paper

    Filed under:
    Australia, Insolvency & Restructuring, Colin Biggers & Paisley Lawyers, Bankruptcy
    Location:
    Australia
    Firm:
    Colin Biggers & Paisley Lawyers
    EU Court to Consider if an Irish Pension can be Exempted from a UK Bankruptcy Estate
    2020-03-04

    In the case of Wilson v McNamara [2020] EWHC 98 (Ch) the High Court of England and Wales (the Court) considered whether the EU principle of freedom of establishment requires that a pension held in another EU member state (Ireland) should be excluded from a bankruptcy estate under UK law in the same manner as a UK pension would be in a UK bankruptcy. Mr Justice Nugee decided in order to decide the case the Court needed to refer a preliminary reference to the European Court of Justice (CJEU) on a question of EU law.

    Filed under:
    European Union, Ireland, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, William Fry, Bankruptcy, HM Revenue and Customs (UK), Court of Justice of the European Union
    Authors:
    Ruairi Rynn , Fergus Doorly , Rebecca Martyn
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    William Fry
    Newsletter Reestructuraciones e Insolvencias - Junio 2019 | Resoluciones
    2019-06-07

    El tribunal de un Estado miembro que conoce del procedimiento de insolvencia tiene competencia exclusiva para conocer de las acciones revocatorias ejercitadas dentro del mismo

    Sentencia del Tribunal de Justicia de la Unión Europea de 14 de noviembre de 2018

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Litigation, Garrigues, Bankruptcy, CJEU
    Authors:
    Adrian Thery , Borja García-Alamán , Juan Verdugo
    Location:
    European Union, Spain
    Firm:
    Garrigues
    Cross-border insolvency: Rules on the harmonization of European turn-around and bankruptcy proceedings
    2018-06-26

    In the context of globalisation, companies are often active not only in the country of incorporation but also in several other legal systems. If a company fails, there is a need for rules that make the insolvency proceedings predictable. In the EU there are two current regulations1 to take into account, one applicable before and one after 24.06.2015.

    Cross-border insolvency in the EU

    Filed under:
    European Union, Company & Commercial, Insolvency & Restructuring, STALFORT Legal. Tax. Audit., Bankruptcy, Forum shopping, European Parliament
    Authors:
    Mihai Lanțoş
    Location:
    European Union
    Firm:
    STALFORT Legal. Tax. Audit.
    Insolvency: the Italian legislator swings to and fro
    2017-11-14

    A common experience of most European insolvency law systems is the legislators‘ constant swinging backwards and forwards in their attempts to find a balance between the interests of the creditors (which inspired the legislator when insolvency laws were enacted for the first time in1942 in Italy) with those of the debtor and its owners, as well as the need to protect jobs and rescue viable businesses for the benefit of the economy as a whole. The first Italian insolvency law was enacted in 1942, and was modelled on the German Konkursordnung.

    Filed under:
    European Union, Italy, Banking, Insolvency & Restructuring, Litigation, De Berti Jacchia Franchini Forlani Studio Legale, Bankruptcy
    Location:
    European Union, Italy
    Firm:
    De Berti Jacchia Franchini Forlani Studio Legale

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