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    Surviving the downturn
    2009-02-02

    Survival  

    Debt maturity profile Companies should ensure that they have a very clear understanding of the timing of their cash needs and in particular of the maturity profile of their debt – when does debt fall due and when will refinancing be required?  

    Filed under:
    Asia-Pacific, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Bond (finance), Market liquidity, Covenant (law), Consideration, Hedge funds, Debt, Insider trading, Stock exchange, Joint venture, Maturity (finance), Refinancing, Tender offer, Secured loan
    Location:
    Asia-Pacific
    Firm:
    Freshfields Bruckhaus Deringer
    Transactions and the anti-deprivation principle: contrasting approaches in Asia Pacific
    2010-03-05

    Introduction

    Filed under:
    Asia-Pacific, Insolvency & Restructuring, Norton Rose Fulbright, Share (finance), Debtor, Clearing house (finance), Waiver, Interest, Consideration, Debt, Liquidation, Liquidator (law), Court of Appeal of England & Wales, High Court of Australia
    Authors:
    Jeff Smith
    Location:
    Asia-Pacific
    Firm:
    Norton Rose Fulbright
    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
    The insolvent insurer, the liquidator, and the reinsurance proceeds yet to come: lessons from AMACA
    2011-03-03

    Your insurer goes bust – can you as an insured claim the reinsurance proceeds? An important decision in the NSW Supreme Court gives useful guidance on when a court will allow departures from the statutory scheme controlling the application of reinsurance proceeds (Amaca Pty Ltd v McGrath & Anor as liquidators of HIH Underwriting and Insurance (Australia) Pty Ltd [2011] NSWSC 90).

    The insurer goes broke, and there are all these claimants at the door…

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Insurance, Litigation, Clayton Utz, Unsecured debt, Consideration, Debt, Reinsurance, Liquidation, Underwriting, Liquidator (law), Prejudice, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Karen O'Flynn
    Location:
    Australia
    Firm:
    Clayton Utz
    Third-party releases and deeds of company arrangement: Lehman Brothers v City of Swan
    2010-04-29

    Insolvency Partner, Amanda Banton and Lawyer, Anna MacFarlane summarise the High Court’s judgment delivered on 14 April 2010 in which the Court held, as the Full Court of the Federal Court held in first instance, that, properly construed, Pt 5.3A of the Corporations Act (Cth) 2001 does not permit third-party releases within DOCAs.

    The important features of the judgment:

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Statutory interpretation, Consideration, Debt, Deed, Liquidator (law), Collateralized debt obligation, Lehman Brothers, Corporations Act 2001 (Australia), Federal Court of Australia
    Location:
    Australia
    Firm:
    Piper Alderman
    High Court rules on third-party releases within deeds of company arrangement
    2010-05-25

    Background
    Judgment
    Schemes of arrangement
    Costs

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Statutory interpretation, Consideration, Debt, Deed, Liquidation, Majority opinion, Lehman Brothers, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Amanda Banton
    Location:
    Australia
    Firm:
    Piper Alderman
    Bankruptcy and your super: getting it right
    2009-09-01

    The Bankruptcy Act 1966 (Cth) was amended to address the outcome of the High Court's decision in Cook v Benson1. It was held in that case that a trustee in bankruptcy could not recover amounts transferred from a retirement fund to another superannuation fund after the bankruptcy of the member as the amounts rolled over to the fund by or on behalf of the member were made in good faith and for consideration (ie the member had a right to receive benefits on retirement).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Hall & Wilcox, Share (finance), Bankruptcy, Consideration, Retirement, Liquidation, Good faith, Default (finance), Annuity, Australian Taxation Office, Australian Prudential Regulation Authority, Trustee, High Court of Australia
    Authors:
    Andrew O'Bryan
    Location:
    Australia
    Firm:
    Hall & Wilcox
    Liquidators’ liability for GST – draft legislation released
    2009-07-31

    Exposure draft legislation has been released which proposes amendments to the GST legislation to make it clear that liquidators and other representatives of incapacitated entities are liable for GST on transactions within the scope of their appointment.

    Date of effect

    It is proposed that the main operative provisions of the legislation have effect retrospectively from the commencement of the GST Act on 1 July 2000.

    Background

    Filed under:
    Australia, Insolvency & Restructuring, Tax, Norton Rose Fulbright, Tax exemption, Bankruptcy, Unsecured debt, Dividends, Tax credit, Consideration, Liquidation, Goods and services tax (Canada), Liquidator (law), Aircraft registration, Goods and services tax (Australia), Goods and Services Tax (New Zealand), Constitutional amendment, Federal Court of Australia
    Authors:
    Peter Norman
    Location:
    Australia
    Firm:
    Norton Rose Fulbright
    Sons of Gwalia and the CAMAC report – implications for shareholders and creditors
    2009-08-12

    Effectively, the High Court held that aggrieved shareholders (shareholders whose debt arises as a result of misrepresentation or improper disclosure by the company causing the shareholder to acquire shares) would be ranked equally with the debts of other unsecured creditors.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Shareholder, Unsecured debt, Dividends, Class action, Consideration, Debt, Misrepresentation, Liquidation, Subsidiary, Title retention clause, High Court of Justice (England & Wales)
    Location:
    Australia
    Firm:
    Piper Alderman
    Business continuity: out-of-court workouts to promote financial recovery
    2009-04-15

    The Business Continuity Act of 31 January 2009 (the “Act”) creates a variety of flexible tools to promote business recovery and turnaround. In addition to an updated judicial reorganization procedure (i.e., a reorganization overseen by the court), the Act also introduces several interesting options for out-of-court workouts and preventive measures to promote business recovery.

    Out-of-court agreements

    Filed under:
    Belgium, Insolvency & Restructuring, NautaDutilh, Confidentiality, Bankruptcy, Debtor, Collateral (finance), Consideration, Debt, Mediation, Business continuity
    Authors:
    Stan Brijs
    Location:
    Belgium
    Firm:
    NautaDutilh

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