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    Australian Construction Dispute resolution Newsletter - October 2016
    2016-10-14

    Welcome to this issue of Herbert Smith Freehills' Australian Construction Dispute Resolution Newsletter.

    This newsletter updates you on legal developments relevant to your industry by featuring Australian court decisions and legislative developments of particular interest.

    In this issue, we look at:

    Filed under:
    Australia, Arbitration & ADR, Company & Commercial, Construction, Insolvency & Restructuring, Herbert Smith Freehills LLP, Credit card, Dispute resolution, Liquidated damages, High Court of Australia
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    The fourth-time bankrupt
    2008-06-03

    Fourth-time personal bankruptcies come along so rarely that they deserve special recognition. The Supreme Court of British Columbia was recently presented with one such instance when Mr. Thomas Boivin ("Boivin") applied for a discharge from his fourth bankruptcy.

    Over the course of about thirty years, Boivin's use of credit left creditors with total debts of approximately $834,000.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Credit card, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Debt, Liability (financial accounting), Eminent domain, Line of credit, Bankruptcy discharge, Canada Revenue Agency, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of the United States, United States bankruptcy court, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    A tentative deal for restructuring Canadian ABCP
    2008-02-28

    On December 23, 2007, the Pan-Canadian Investors Committee for Third-Party Structured Asset-Backed Commercial Paper (ABCP) announced that an ‘agreement in principle’ had been reached for a restructuring of $33 billion of approximately $35 billion of Canadian ABCP. The repayment of this debt had been frozen pursuant to a standstill created by the ‘Montreal Accord’ as of August 16, 2007.

    Filed under:
    Canada, Insolvency & Restructuring, McCarthy Tétrault LLP, Credit card, Accounts receivable, Interest, Market liquidity, Margin (finance), Subprime lending, Debt, Maturity (finance), Collateralized debt obligation
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Money attachment: another new diligence
    2009-11-10

    On 23 November a new form of diligence will be created which allows creditors to seize money belonging to a debtor in satisfaction of a debt.

    In principle, all assets owned by a debtor should be susceptible to enforcement of a debt. But at present, creditors are unable to take diligence against cash owned by a debtor. To rectify this anomaly, a special category of diligence - money attachment - has been introduced by Part 8 of the Bankruptcy and Diligence etc. (Scotland) Act 2007.

    When can a money attachment be used?

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, MacRoberts LLP, Credit card, Bankruptcy, Debtor, Debt, Legal burden of proof, Capital punishment
    Authors:
    Julie Hamilton , Laura Gow
    Location:
    United Kingdom
    Firm:
    MacRoberts LLP
    Important U.S. Supreme Court Ruling Clarifies Proper Pursuit of Debt in Bankruptcy Proceedings
    2017-05-18

    Debt collectors scored a win on Monday when the United States Supreme Court ruled that pursuing stale debt is not a violation of the Fair Debt Collection Practices Act (“FDCPA”).

    The case of Midland Funding LLC v Aleida Johnson addressed an ongoing issue for creditors, debt collectors and consumers. As debts age, and are often sold, there remains a question of how far collectors may go to pursue payment on the debt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ulmer & Berne LLP, Credit card, Bankruptcy, Statute of limitations, Limited liability company, Debt, Legal burden of proof, Majority opinion, Fair Debt Collection Practices Act 1977 (USA), Trustee, Supreme Court of the United States, Eleventh Circuit
    Authors:
    Jennifer Monty Rieker , Reuel D. Ash
    Location:
    USA
    Firm:
    Ulmer & Berne LLP
    7th Cir. Holds Judgment Against Bankruptcy Debtor’s Husband Did Not Violate Co-Debtor Stay
    2016-12-30

    The U.S. Court of Appeals for the Seventh Circuit recently held that a bank’s lawsuit against the husband of a debtor who had filed for bankruptcy did not violate the co-debtor stay because the husband’s credit card debts were not a consumer debt for which the debtor was personally liable.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Credit card, Bankruptcy, Debtor, Interest, Debt, Consumer debt, Marriage, US Code, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Parliament to consider preferential creditor status for consumers
    2016-08-03

    Consumers could be set to jump up the insolvency hierarchy if Parliament backs the latest Law Commission recommendations.

    The Law Commission’s report, Consumer Prepayments on Retailer Insolvency, recommends, among other things, that consumers who prepay for goods or services over £250 in the six months prior to a formal insolvency process should be paid out as preferential creditors instead of unsecured creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Credit card, Retail, Consumer protection, Unsecured debt, Debt, Liquidation, Liquidator (law), Law Commission (England and Wales), Consumer Rights Act 2015 (UK)
    Authors:
    Russell Hill , Matt Ford
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Creditor remedies against members of LLCs
    2010-07-22

    LLC members and other persons dealing with LLCs will be interested in a recent Florida Supreme Court case that was decided on June 24, 2010. The court’s decision in Olmstead v. FTC appears to eliminate part of the asset protection feature of single-member LLCs and calls into question the remedies available to creditors of members in multiple-member LLCs.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Credit card, Shareholder, Debtor, Interest, Limited liability company, Debt, Foreclosure, Asset protection, Federal Trade Commission (USA), Eleventh Circuit, Florida Supreme Court
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    FTC issues final rule to restricting debt relief providers
    2010-08-02

    Last week, the Federal Trade Commission announcedamendments to the Telemarketing Sales Rule (TSR) relating to the telemarketing of debt relief services, including new restrictions on advance fees charged by debt relief companies.

    Filed under:
    USA, Insolvency & Restructuring, Telecoms, Alston & Bird LLP, Credit card, Bankruptcy, Telemarketing, Debt, Debt relief, Good faith, Federal Trade Commission (USA)
    Authors:
    Melinda C. Calisti
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The Supreme Court rules that Chapter 13 debtor cannot take an ownership deduction for a paid-off car
    2011-02-15

    In the first opinion authored by Justice Elena Kagan, the Supreme Court ruled that a Chapter 13 debtor may not deduct the “ownership costs” of a vehicle under the means test when he owes no further payments on the vehicle, affirming a decision of the Ninth Circuit Court of Appeals. The 8-1 opinion featured a pro-debtor dissent by Justice Scalia.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Credit card, Costs in English law, Debtor, Tax deduction, Dissenting opinion, Majority opinion, Internal Revenue Service (USA), Supreme Court of the United States, Ninth Circuit
    Authors:
    Richard (Jay) J Reding
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd

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