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    “An effective licensing regime is not a silver bullet for the problems of the industry “ …..but we must have one
    2018-12-20

    This is a quote from a 2015 report by the Senate Economics References Committee into insolvency in the Australian construction industry (chapter 11.4).

    Filed under:
    Australia, Capital Markets, Construction, Insolvency & Restructuring, Litigation, Helix Legal, Subcontractor, Default judgment
    Authors:
    Michael Chesterman
    Location:
    Australia
    Firm:
    Helix Legal
    A secured creditor’s rights during a winding-up – a case study
    2013-05-31

    MSI (Holdings) Pty Ltd (Receivers Appointed) (in Liquidation) ACN 120 419 409 (MSI) against Mainstreet International Group Limited (Mainstreet) ACN 120 747 124.

    The appeal was brought by the Receivers, who sought to recover a debt for the secured creditor once a liquidator had been appointed to MSI.

    The Court of Appeal handed down the decision recently in favour of MSI.

    Facts of the case

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, McInnes Wilson Lawyers, Debt, Default judgment, Liquidation, Secured creditor, Corporations Act 2001 (Australia)
    Authors:
    Sandra Camilleri
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Business rescue, restructuring and insolvency: prescription - the mother of all evil
    2016-08-30

    Prescription is one word which every creditor (and attorney) dread. Prescription extinguishes a debt and there is very little a creditor can do once that proverbial ship has sailed.

    The Prescription Act, No 68 of 1969 (Prescription Act), on a good day, has its challenges, but the situation is even more uncertain when an insolvent estate is concerned.

    Rogers J, with Nuku J concurring, in the recent judgment of Van Deventer and Another v Nedbank Ltd 2016 (3) SA 622 (WCC) shed some very needed light on this issue.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr, Surety, Debt, Default judgment, Liquidation, Linguistic prescription, Corporations Act 2001 (Australia), Companies Act
    Authors:
    Lucinde Rhoodie
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr
    Default judgment under section 424(1) of the Companies Act 61 of 1973: who cares about proof?
    2016-03-09

    One thing we have learnt from the hit series ‘Murder She Wrote’, other than the fact that the star of the show Angela Lansbury never aged during its 12 years of airing, is that it is often the one closest to us that does the most harm.

    Filed under:
    South Africa, Company & Commercial, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr, Default judgment
    Authors:
    Clayton Gow , Burton Meyer
    Location:
    South Africa
    Firm:
    Cliffe Dekker Hofmeyr
    The effects of publication of a voluntary surrender notice – abuse of process vs the law
    2014-08-25

    In recent years it appears to have become a common trend for distressed homeowners to publish voluntary surrender notices as a stratagem to stay execution proceedings instituted by creditors. We have also witnessed an increase in institutions approaching distressed homeowners following publication of a notice of sale in execution, purporting to be in the business of assisting distressed homeowners by guarding their homes from sales in execution by the sheriffs of the high courts.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Abuse of process, Default judgment
    Location:
    South Africa
    Firm:
    Hogan Lovells
    Agreement to submit to a foreign jurisdiction: Can it be implied or inferred?
    2016-03-14

    In Vizcaya Partners Ltd v Picard and another, the Privy Council recently held that anagreement to submit to the jurisdiction of a foreign court can arise through an implied term but there must be actual agreement (or consent). However, simply agreeing that an agreement should be governed by foreign law did not amount to agreement to the corresponding jurisdiction.

    Filed under:
    Gibraltar, United Kingdom, USA, Insolvency & Restructuring, Litigation, RPC, Default judgment
    Authors:
    Alexis Armitage
    Location:
    Gibraltar, United Kingdom, USA
    Firm:
    RPC
    Creditors rewarded with priority claim against bankruptcy estate for costs of preserving assets incurred before notice of petition
    2013-12-13

    In the bankruptcy proceedings in respect of Mr Gabriel Ricardo Dias-Azedo (the "Bankrupt"), the Court of First Instance recently exercised its discretion under sections 37(2) and 97 of the Bankruptcy Ordinance (Cap. 6) (BO) in favour of two creditors and granted them a priority claim against the Bankrupt's estate for their costs in preserving his assets incurred before receiving notice of the bankruptcy petition.

    Background

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Default judgment
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    English courts can enforce U.S. bankruptcy judgments without a separate proceeding
    2010-09-09

    In the case of Rubin v. Eurofinance SA [2010] EWCA Civ 895, [2010] All ER (D) 358 (Jul), the English Court of Appeal, Civil Division, determined that a U.S. bankruptcy court’s monetary default judgment obtained against Eurofinance and its principals, British citizens, was enforceable. In doing so, the Court of Appeal favored a “universal” approach to international bankruptcy cases and recognized adversary proceedings as part and parcel of the main bankruptcy case under American bankruptcy rules.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Conflict of laws, Consumer protection, Default judgment, UNCITRAL, Title 11 of the US Code, Court of Appeal of England & Wales, United States bankruptcy court
    Authors:
    Richard L. Epling , Kerry A. Brennan , Irene Dallas , Kent P. Woods
    Location:
    United Kingdom, USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Bankruptcy Court Can Enter Default Judgment Against Foreign Defendants in an Adversary Proceeding
    2018-07-23

    On Jun 29, 2018, Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York issued an opinion in which he granted a motion for entry of default judgment against foreign adversary proceeding defendants. Peter Kravitz v. Deacons (In re Advance Watch Company, Ltd.), Case No. 17-01137 (MG).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Default judgment, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    Judgment in default—failure to file defence to counterclaim
    2016-08-03

    Original news

    Goldcrest Distribution Limited v McCole and others [2016] EWHC 1571 (Ch)

    What is the background to this case?

    The claimant lender, C, sought possession of residential property owned jointly by D1 and his partner D2 (the property) pursuant to a purported legal charge entered into by both the D1 and D2 (the charge). The charge secured D1’s liability to C arising under a guarantee whereby D1 had guaranteed the indebtedness of his company, "Ascot" to C.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Gatehouse Chambers, Debtor, Mortgage loan, Default judgment, Insolvency Act 1986 (UK)
    Authors:
    Aileen McErlean
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers

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