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    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, Court of Appeal of Alberta, Trustee
    Authors:
    David LeGeyt , David W. Mann
    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
    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
    Pension Benefit Guaranty Corporation issues proposed rule clarifying implementation of Section 404 which treats bankruptcy filing date as "plan termination date" for certain purposes
    2008-07-17

    Bankruptcy practitioners and plan beneficiaries should take note of a little-known ERISA amendment that impacts bankruptcy cases filed on or after September 16, 2006. On June 30, 2008, the Pension Benefit Guaranty Corporation (the "PBGC") released a proposed rule clarifying how Section 404 ("Section 404") of the Pension Protection Act of 2006 (the "PPA") will be implemented. Section 404 amends Title IV of ERISA in certain key respects.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Trade union, Beneficiary, Liability (financial accounting), Sponsor (commercial), Pension Benefit Guaranty Corporation
    Location:
    USA
    Firm:
    Dentons
    Deep divisions over assets held in Purpletuity
    2016-12-13

    Deep Purple was, and still is, a rock music band. Its members included Mr Gillan, Mr Glover and Mr Paice. In 2005, band members entered into an agreement with HEC Enterprises Limited (HEC) and Deep Purple (Overseas) Limited (DPO). Under that agreement, the parties agreed to form a new company named Purpletuity, to which various copyrights and other assets were to be transferred. In 2015, Mr Gillan, Mr Glover and Mr Paice commenced proceedings against HEC and DPO to enforce that agreement.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Costs in English law, Beneficiary, High Court of Justice
    Authors:
    Bridie McKinnon , Myles O'Brien , Susan Rowe , Peter Niven , David Perry , Kelly Paterson , Willie Palmer , Scott Barker , Scott Abel , Jan Etwell
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Insolvent corporate trustee's "empty shell" policy challenged
    2010-12-17

    ACC had contracted OPC to provide services. OPC's directors later established the OPC Trust, with OPC as the trustee, and 3 residuary trusts as beneficiaries.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Beneficiary, Trustee
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    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), Beneficiary, Liquidation, Lehman Brothers, KPMG, Trustee
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Security for payment: bonds and guarantees – five pitfalls and protection against them
    2010-07-26

    In the current economic climate, security for payment is key. Although banks have started to lend money again, they remain cautious and those construction firms with weak balance sheets remain at risk of insolvency. This article discusses five pitfalls in the context of some relevant case-law and devices to protect against these.

    Filed under:
    United Kingdom, Banking, Construction, Insolvency & Restructuring, Mayer Brown, Bond (finance), Surety, Debtor, Leasehold estate, Beneficiary, Debt, Balance sheet, Default (finance)
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Does a bankrupt beneficiary’s effective control of a discretionary trust transform their interest into property?
    2017-03-24

    This week’s TGIF considers Fordyce v Ryan & Anor; Fordyce v Quinn & Anor [2016] QSC 307, where the Court considered whether a beneficiary’s interest in a discretionary trust amounted to ‘property’ for the purposes of the Bankruptcy Act 1966 (Cth).

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Shareholder, Interest, Beneficiary, Liquidation, Vesting, Discretionary trust, Bénéfice, Federal Court of Australia, Trustee
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean , Haley Aprile
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    The best of times, the worst of times
    2016-06-07

    The recent decision of the New South Wales Supreme Court in Independent Contractor Services (Aust) Pty Limited ACN 119 186 971 (in liquidation) (no 2) [2016] NSWSC 106 found that the statutory scheme of priority does not apply to realisations from circulating trust assets. This decision has potentially profound impacts for both employees and secured creditors in the context of both liquidations and receiverships.

    A summary of the case

    Filed under:
    Australia, Employee Benefits & Pensions, Insolvency & Restructuring, Corrs Chambers Westgarth, Wage, Beneficiary, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Australian Taxation Office, Trustee
    Authors:
    Matthew Critchley , Haley Aprile
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth

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