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    Court of Appeal confirms creditors’ rights to enforce security interests in circumstances of liquidation
    2013-04-19

    In the recent decision of MSI (Holdings) Pty Ltd v Mainstreet International Group Ltd [2013] QCA 27, the Court of Appeal considered the meaning and application of sections 471B and 471C of the Corporations Act.

    BACKGROUND

    The decision involved receivers who were appointed to MSI (Holdings) Pty Ltd (receivers appointed) (in liquidation) (MSI) by Central Coast Projects Pty Ltd (Central Coast) pursuant to a charge it held over all property, assets and rights of MSI.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Debt, Liquidation
    Authors:
    Michael Kimmins , Kirsty Sutherland
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Recovering unpaid debts just got a bit easier
    2013-03-13

    Statutory demands are a quick and convenient way to prove a debtor company’s insolvency. But they’re sensitive creatures. There seems to be an endless list of potential defects to make the demand challenge-worthy.

    Luckily for creditors, a recent decision of the WA Court of Appeal means there is one less way for a demand to fail.

    The loan and the demand

    Garuda Aviation is a small WA operator that borrowed $27 million from CBA to buy a plane. The loan was secured by a mortgage over the plane.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, MARQUE Lawyers, Debt
    Authors:
    Nathan Mattock , Owen Davis
    Location:
    Australia
    Firm:
    MARQUE Lawyers
    Creditors’ schemes in the hot seat: the Nine Creditors’ Scheme of Arrangement
    2013-02-28

    Introduction

    On 29 January 2013, the Federal Court of Australia made orders approving the creditors’ scheme of arrangement between Nine Entertainment Group Pty Limited (NEG) and its senior and mezzanine lenders (Nine Scheme).

    The Nine Scheme, made under Part 5.1 of the Corporations Act, follows Alinta and Centro as the third debt for equity restructuring of a major Australian company in as many years.

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Beneficiary, Debt, Federal Court of Australia
    Authors:
    David Clee , Rachel Launders , Andrew Whittingham
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Effects of insolvency in the construction industry
    2013-01-31

    The recent collapses of major builders St Hilliers, Kell & Rigby and Reed Constructions have caused such concern that the New South Wales Government has launched a public enquiry into the issue.

    Given the tough economic conditions, it is timely to review your corporate obligations and the risks involved in managing debts, consider how to protect your business if a contractor or principal encounters financial difficulty, and what you can do to minimise damage to your business.

    Filed under:
    Australia, New South Wales, Construction, Insolvency & Restructuring, Holding Redlich, Debt
    Location:
    Australia
    Firm:
    Holding Redlich
    EU Insolvency Regulation is recast at last
    2017-06-26

    Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings comes into effect on 26 June 2017 for insolvency proceedings that are opened on or after that date. The Recast Regulation replaces the EC Regulation (1346/2000) on insolvency proceedings and has direct effect in the UK until such time as the UK leaves the EU.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Squire Patton Boggs, Debt, Liquidation, Direct effect of EU law, European Commission, Council of the European Union, European Parliament, Companies House, Insolvency Act 1986 (UK)
    Authors:
    Helen Kavanagh
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    How Will Brexit Affect Debt Recovery in the UK?
    2016-08-16

    We are currently still in a lot of unknown territory; so how will our exit from the EU affect Debts here in the UK, in Europe and in other countries?

    Once the UK finalises the exit from the EU, any debts someone may have in the EU will fall into the category of similar non-EU debts in other countries, such as the United States. Whilst you can include those debts in a UK bankruptcy you are only afforded the protection from them in the UK. 

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, SE Solicitors, Brexit, Debt
    Location:
    European Union, United Kingdom
    Firm:
    SE Solicitors
    EuroResource—Deals and Debt: August 2016
    2016-08-03

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

    Recent Developments

    Filed under:
    European Union, Italy, United Kingdom, USA, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Public, Jones Day, Brexit, Shareholder, Information privacy, Debtor, Security (finance), Debt, Venture capital, European Commission
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    European Union, Italy, United Kingdom, USA
    Firm:
    Jones Day
    Association for Financial Markets in Europe Publishes Model Clauses for the Contractual Recognition of Bail-In under Article 55 of BRRD
    2016-08-08

    On August 1, 2016, the Association for Financial Markets in Europe (AFME) published model clauses for the contractual recognition of bail-in for the purpose of satisfying the requirements of Article 55 of the EU Bank Recovery and Resolution Directive (BRRD).

    Filed under:
    European Union, Banking, Company & Commercial, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Contractual term, Debt, Liability (financial accounting), Bailout, Competitiveness, Financial Stability Board, European Economic Area, Associated Press
    Location:
    European Union
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Michael Fiddy, Co-chair of DLA Piper's global restructuring group, reflects on significant restructuring developments around the world
    2016-07-22

    This edition of Global Insight comes to you shortly after the United Kingdom voted to leave the European Union.

    Filed under:
    European Union, Global, Kyrgyzstan, United Kingdom, Insolvency & Restructuring, DLA Piper, Bankruptcy, Public consultations, Interest, Debt, Liquidation
    Authors:
    Michael Fiddy
    Location:
    European Union, Global, Kyrgyzstan, United Kingdom
    Firm:
    DLA Piper
    Law on debt discharge to enter into force on 13 may 2016
    2016-05-10

    After controversial debates, Law no. 77/2016 on discharge of mortgage- backed debts through transfer of title over immovable property (the "Law on Debt Discharge") was finally published in the Official Gazette on 28 April 2016 and will enter into force on 13 May 2016.

    Filed under:
    European Union, Romania, Banking, Insolvency & Restructuring, Real Estate, Wolf Theiss, Debtor, Debt, Mortgage-backed security
    Authors:
    Claudia Chiper
    Location:
    European Union, Romania
    Firm:
    Wolf Theiss

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