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    Size really doesn't matter: top UK firms latest victims of credit crunch
    2013-06-27

    In what seems to be an unrelenting trend, new figures released this month by the British Solicitors' Regulation Authority (SRA), have disclosed that 30 of the top-200 UK law firms are in serious financial difficulty and have entered into "intensive engagement" with the SRA. While no names were named, it was revealed that these firms were among a wider group of 400 UK firms that were under active management by the regulator.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Buddle Findlay
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Liquidators fail in application for pooling of assets
    2013-04-03

    In Grant v Independent Livestock 2010 Limited [2012] NZHC 3458, the liquidators of ILA sought to hold the sole director of ILA and IL2010 (a company to which ILA's assets had been transferred) liable for debts incurred by ILA.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidator (law)
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Time-zone liquidation issues - exchange rate and resolution date issues clarified
    2012-12-20

    The recent Singapore case of Re Lehman Brothers Finance Asia Pte Ltd (in creditors' voluntary liquidation) determined that the debts of a company in foreign currency, which had been admitted in proof by the liquidators, were to be converted at the exchange rate prevailing at the "resolution date". In this context, resolution date means the day the resolution was passed placing the company into liquidation.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Liquidator (law), Lehman Brothers
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Singapore
    Firm:
    Buddle Findlay
    Subordinated securities: who rules the roost – the deal or the PPSR?
    2012-06-29
    Secured Party A conceded priority of its first ranking security interest to Secured Party B.
    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    The bankrupt forgives, but will the official assignee forget?
    2012-03-30

    Official Assignee v Mayers and Ors concerns the common practice of forgiveness of debt owed by a family trust and the consequences of such a gifting programme in the event of the bankruptcy of the lender.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Buddle Findlay, Bankruptcy, Debt
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Voidable transactions – a broad interpretation
    2011-10-04

    Managh v Morrison and Ors involved an application by a liquidator to set aside a transaction pursuant to section 292 of the Companies Act 1993.  Approximately one year before liquidation the company assigned causes of action against a firm of solicitors and a real estate agent to a trust associated with the company's director.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Solicitor, Debt, Liquidation, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Companies not sufficiently related to allow for pooling order in liquidation
    2011-07-01

    In Jordan and Vance v First City (in liquidation ) & Gore Street (in liquidation), the liquidators of Gore Street applied for a pooling order that the liquidation of the two defendants, First City and Gore Street, proceed as if they were one company.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Admissibility of transcripts of liquidator's examinations: Australia
    2010-12-17

    Fodare Pty Ltd v Shearn considered the admissibility of transcripts of public examinations made under Australia's Corporations Act 2001.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Buddle Findlay, Admissible evidence, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Buddle Findlay
    Creditors at odds, abuse of process, and utility - bankruptcy a pointless remedy?
    2020-09-07

    With facts described as "labyrinthine", Edgeworth Capital (Luxembourg) SARL v Maud [2020] EWHC 974 (Ch) is the latest judgment from Snowden J on efforts to bankrupt Mr Maud.     

    Snowden J’s latest judgment deals with three issues:

    Filed under:
    New Zealand, United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    Bridie McKinnon , Oliver Gascoigne , Matthew Triggs , Myles O'Brien , Annie Cao , Luke Sizer , Peter Niven , David Perry , Scott Abel , Kelly Paterson , Scott Barker , Willie Palmer , Jan Etwell , David Broadmore
    Location:
    New Zealand, United Kingdom
    Firm:
    Buddle Findlay
    Media: Madoff bankruptcy trustee cleared to pursue final claims
    2020-06-11

    In our December 2019 newsletter we commented that the Madoff bankruptcy had one more big case to go, chasing USD3.2b held by foreign banks.  The US Supreme Court has just refused to hear an application by major banks and companies, including Koch Industries Inc, to prevent Mr Picard, the bankruptcy trustee, from pursuing claims aimed at recouping funds that were transferred overseas.  In the meantime, Mr Madoff has been refused early

    Filed under:
    New Zealand, USA, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    Annie Cao , Myles O'Brien , Matthew Triggs , Oliver Gascoigne , David Perry , David Broadmore , Jan Etwell , Peter Niven , Luke Sizer , Willie Palmer , Scott Barker , Scott Abel , Kelly Paterson , Bridie McKinnon
    Location:
    New Zealand, USA
    Firm:
    Buddle Findlay

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