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    Insolvency Law Update - Vic Court of Appeal denies liquidators approval of proposed settlement agreement
    2019-03-04

    Recently the Victorian Court of Appeal upheld a decision to deny liquidators approval of a proposed settlement in McDermott and Potts as liquidators of Lonnex Pty Ltd (in liquidation) [2019] VSCA 23. The creditors had been opposed to the settlement.

    Background

    Filed under:
    Australia, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, List G Barristers, Medicare, Consent, Liquidation, Liquidator (law), Financial Conduct Authority (UK), Corporations Act 2001 (Australia), Victoria Supreme Court, Court of Appeal of Singapore
    Authors:
    Carrie Rome-Sievers
    Location:
    Australia
    Firm:
    List G Barristers
    Recovery of preferential payments and recent developments concerning floating charge assets
    2011-05-31

    During the administration of a company, liquidators may identify creditors who have received payments in preference to other creditors, and apply to the court pursuant to section 588FF of the Corporations Act 2001 (Act) to recover those payments in order to achieve a more equitable distribution amongst all creditors.

    What constitutes a preferential payment?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, McInnes Wilson Lawyers, Unsecured debt, Consideration, Debt, Consent, Personal property, Liquidation, Good faith, Conveyancing, Secured creditor, Liquidator (law), National Australia Bank, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Business continuity – court-supervised reorganisations
    2009-06-04

    The Business Continuity Act of 31 January 2009 (the "Act") creates a variety of flexible tools to promote business recovery. This update focuses on the new judicial (i.e., court-supervised) reorganisation proceedings (as opposed to out-of-court workouts and court-supervised sales of the business).

    Simplified access to proceedings

    Filed under:
    Belgium, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Debtor, Interest, Debt, Consent, Foreclosure, Prejudice, Dissolution (law), Business continuity
    Authors:
    Stan Brijs
    Location:
    Belgium
    Firm:
    NautaDutilh
    Applications for leave to appeal dismissed - 25 August 2016
    2016-08-25

    36979  Darin Andrew Randle v. Her Majesty the Queen

    (B.C.)

    Criminal law – Evidence – “Mr. Big” confessions

    Filed under:
    Canada, Crime, Employment & Labor, Healthcare & Life Sciences, Immigration, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Consent, Money laundering, Administrative law, Judicial review, Involuntary dismissal, Freedom of association, Department of Immigration, Refugees and Citizenship, Canadian Charter of Rights and Freedoms, Minister of Justice (Canada), Federal Court of Appeal (Canada)
    Authors:
    Matthew Estabrooks , D. Lynne Watt , Jeff Beedell , Guy Régimbald , Graham S. Ragan , Brian A. Crane, K.C.
    Location:
    Canada
    Firm:
    Gowling WLG
    The new fast-track restructuring procedure in French insolvency law: the ‘accelerated financial safeguard procedure’
    2011-06-15

    Introduction

    Inspired by the American “prepackaged restructuring plan,” the French authorities have yet again decided to reform French insolvency law, with the creation of an “accelerated financial safeguard procedure” (procédure de Sauvegarde Financière Accélérée). This procedure is available to debtors who start conciliation proceedings after 1 March 2011.

    Filed under:
    France, Insolvency & Restructuring, Reed Smith LLP, Bond (finance), Debtor, Consent, Voting, Conciliation, Competitiveness
    Location:
    France
    Firm:
    Reed Smith LLP
    Passing the parcel: the RMA and insolvency practitioners
    2011-10-12

    Resource consents and environmental risks can affect the value of an insolvent company's assets, and can give rise to civil or criminal liability.

    This Brief Counsel examines:

    • when resource consents require transfer to a new owner, and
    • potential liabilities that insolvency practitioners may face.

    Types of consents

    Five types of consent are available under the Resource Management Act 1991 (RMA):

    Filed under:
    New Zealand, Environment & Climate Change, Insolvency & Restructuring, Real Estate, Chapman Tripp, Contamination, Consent, Liquidation, Land use
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Assignment by liquidators - when is consent necessary?
    2010-12-17

    A liquidator may assign to a third party funder, among other things:

    1. the rights that are conferred on the liquidator under statute to bring a claim on behalf of the company. For example, rights accruing to the liquidator under the voidable transaction provisions of the Companies Act 1993
    2. a company's rights that exist at the time of liquidation.
    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Consent, Liquidation, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Alberta Court confirms new rights for trustees of a bankrupt franchisee
    2011-10-14

    Summary

    Filed under:
    Canada, Alberta, Franchising, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Bankruptcy, Retail, Unsecured debt, Collateral (finance), Consent, Concession (contract), Franchise agreement, Prejudice, Ford Motor Company, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, Court of Appeal of Alberta
    Authors:
    Colin Feasby , Tamara Prince , Michael Bokhaut
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Spotlight on security documents: the landlord waiver
    2011-09-30

    Having enforceable security over all of a borrower’s assets is obviously of primary importance to a lender.  However, where a borrower occupies leased premises, ensuring the lender has quick and reliable access to the collateral is equally important, especially if the landlord proves to be unco-operative after a borrower’s default.  Although court-ordered access to a borrower’s leased premises can be sought after a borrower’s loan default, a landlord waiver obtained prior to an initial advance of a loan can bring some added certainty to the realization process outside of a bankrup

    Filed under:
    Canada, Insolvency & Restructuring, Real Estate, Gowling WLG, Bankruptcy, Debtor, Collateral (finance), Landlord, Leasehold estate, Waiver, Consent, Personal property, Default (law), Default (finance)
    Authors:
    Richard C. Dusome
    Location:
    Canada
    Firm:
    Gowling WLG
    Franchise agreements may be assigned to another franchisee without consent upon bankruptcy
    2011-06-16

    A recent Alberta appellate decision establishes that a trustee in bankruptcy may sell a franchise agreement to a third party, in spite of objections by the franchisor, under the Bankruptcy and Insolvency Act (BIA). The Alberta Court of Appeal’s decision in Ford Motor Company of Canada Ltd v Welcome Ford Sales Ltd contains three important messages for franchisors:

    Filed under:
    Canada, Alberta, Franchising, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Consent, Legal burden of proof, Franchise agreement, Ford Motor Company, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, United States bankruptcy court, Court of Appeal of Alberta
    Authors:
    Jane Langford
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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