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    Express trust v. secured creditor of the trustee
    2009-10-20

    Brookfield Bridge Lending Fund Inc. v. Karl Oil and Gas Ltd., 2009 ABCA 99, 5 Alta. L.R. (5th) 1; on appeal from 2008 ABQB 444, 96 Alta. L.R. (4th) 329.

    Vanquish Oil and Gas Corp. (“Vanquish”) operated certain oil wells. Under the 1990 Canadian Association of Petroleum Landman Operating Procedure under which Vanquish operated these wells, Vanquish was to receive well revenues in trust, it could commingle revenues with its other monies, and was to pay the revenues “only to their intended use”.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Breach of contract, Beneficiary, Secured creditor, Constructive trust, Trustee, Court of Appeal of Alberta
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Trust claims under a JOA
    2009-05-29

    Vanquish Oil & Gas (“Vanquish”), now in receivership, was a trustee under a joint operating agreement for an oil well. It was required to remit 45% of the well’s net production proceeds to a proportional owner - either Karl Oil and Gas Ltd. or Choice Resources Corporation (who disputed the entitlement at the time).

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dentons, Beneficiary, Fossil fuel, Good faith, Secured creditor, Constructive trust, Trustee, Court of Appeal of Alberta
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    CCAA court clarifies position of creditors with liens against third party’s property
    2008-07-31

    In Kerr Interior Systems Ltd., the Court of Queen’s Bench of Alberta discussed a number of issues which arose as a result of two creditors registering builders liens against a third party’s property in Saskatchewan.

    Filed under:
    Canada, Alberta, Construction, Insolvency & Restructuring, Litigation, Dentons, Debtor, Unsecured debt, Beneficiary, Debt, Voting, Secured creditor, Unsecured creditor, Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Wage Earner Bankruptcy Protection Program comes into force
    2008-09-26

    On July 7th, the Wage Earner Protection Program (hereinafter the "WEPP") came into force, as instituted by the Wage Earner Protection Program Act[1].

    The WEPP applies to workers whose employers have been declared bankrupt or were placed under receivership as of July 7, 2008.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Dentons, Wage, Bankruptcy, Income tax, Beneficiary, Tax deduction, Severance package, Bankruptcy and Insolvency Act 1985 (Canada), Income-Tax Act 1961 (India)
    Location:
    Canada
    Firm:
    Dentons
    What happens to direct life insurances in the event of an employer’s insolvency in Germany?
    2010-09-30

    The Federal Labour Court has ruled on the fundamental issue of who will be entitled to the rights under a life insurance policy concluded by the employer in the employee’s favour in the event that an employment relationship comes to an end in the course of the employer’s insolvency proceeding.

    Filed under:
    Germany, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Statutory interpretation, Beneficiary, Life insurance, Vesting, US Senate, Supreme Court of the United States, Federal Labour Court of Germany
    Authors:
    Ian Gault , Daniel Schaffer , Alison Brown , Roderick Morton
    Location:
    Germany
    Firm:
    Herbert Smith Freehills LLP
    Bar date imposed for Lehman Brothers' Hong Kong entities
    2010-09-07

    The insolvency proceedings of the Lehman Brothers' group of companies worldwide ("Group") are among the most complicated ones we have seen. A significant factor contributing to the complexity is that many Group entities hold segregated assets (principally securities and funds) for their clients, which may be individuals or entities within or outside the Group.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Share (finance), Security (finance), Advertising, Beneficiary, Liquidation, Lehman Brothers, KPMG, Trustee
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Ebert Construction: Court provides Guidance on the Retentions Trust Regime
    2018-11-19

    Following our previous updates (Ebert Construction Receivership – What You Need to Know and Ebert Construction – Receivership and Liquidation), on 12 November 2018 the High Court ordered that the Receivers of Ebert Construction Ltd (in rec and liq) (Ebert) be appointed as the receivers

    Filed under:
    New Zealand, Construction, Insolvency & Restructuring, Hesketh Henry, Interest, Beneficiary, Subcontractor, Liquidation, Accrued interest
    Authors:
    Nick Gillies , Glen Holm-Hansen , Rob McStay
    Location:
    New Zealand
    Firm:
    Hesketh Henry
    English High Court finds settlor retained beneficial ownership
    2017-10-20

    In the latest decision in the long running Pugachevdispute, the High Court considered the effect of five trusts set up by Mr Pugachev, and whether the trusts were shams. Birss J held that he would have been prepared to declare the five trusts shams, but on the true interpretation of the trust documents and considering the powers reserved to Mr Pugachev as protector, all five trusts were, in effect, bare trusts for the benefit of Mr Pugachev.

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Beneficiary, Beneficial ownership, Asset freezing, Beneficial interest, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Jeremy Garson , Richard Norridge
    Location:
    New Zealand, United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Creditors’ rights over the life insurance of debtors
    2013-05-03

    A person’s debts do not come to an end just because he or she has died. After the debtor has passed away, the creditor is entitled to seek repayment of the debt from the debtor’s estate. Some debtors have life insurance under which the insurer will pay compensation to the beneficiaries stated in the policy, the debtor’s heirs where no beneficiaries are specified in the policy and, in certain cases, the debtor’s creditors. Under the Civil and Commercial Code of Thailand, creditors are entitled to be repaid from insurance benefits in three specific circumstances, as detailed below.

    Filed under:
    Thailand, Insolvency & Restructuring, Insurance, Tilleke & Gibbins, Debtor, Beneficiary, Debt, Life insurance
    Authors:
    Noppramart Thammateeradaycho
    Location:
    Thailand
    Firm:
    Tilleke & Gibbins
    Smoke in the hall of mirrors: good news for defendants in Sinclair v Versailles [2011] EWHC Civ 347
    2011-06-08

    The Sinclair v Versailles1 decision has extinguished any prospect that a victim of a fraud has a proprietary claim to a fraudster’s secret profits. It also offers significant comfort to banks, insolvency practitioners and other potential recipients of trust funds by setting a high bar for whether a recipient person is “on notice” of a proprietary claim to those funds.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Herbert Smith Freehills LLP, Share (finance), Bribery, Fraud, Fiduciary, Interest, Beneficiary, Consideration, Public limited company, Trustee, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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