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    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
    投资缅甸:在缅甸进行诉讼和破产调查
    2015-08-03

        近年来,很多投资者有意投资缅甸。2011 年以来,缅甸采取了政治自由化政策,西方国家 因而取消了对缅甸的大多数制裁,缅甸也于 2012 年颁布了《外商投资法》,使得来自中国及 其他国家的投资获得强劲增长。外国投资者通常投资于大规模自然资源项目(如石油、天然 气和铜矿等)、基础设施项目(如电信和水电等)和水泥、旅馆、制造业及消费品等其他产 业。

        为了达到进入当地市场的目的,投资者通常会考虑与当地企业建立合作关系或收购当地现存 企业。这就需要对潜在合作伙伴或目标企业进行初步的尽职调查,发现其是否存在问题,是 否存在投资谈判中必须解决的风险等。

        最基本的尽职调查一般要对目标公司或合作伙伴以往和未决的诉讼、债权人是否处于破产程 序、土地登记和重要资产的是否存在担保物权等情况进行调查 —— 但在缅甸,这些调查都 不能轻易而又可靠地实现。主要原因是缅甸官僚化的行政机关和法院通常可靠性不高,也不 够正规,其档案记录等工作也是如此,这些都妨碍了最基本的尽职调查。

    Filed under:
    Myanmar, Insolvency & Restructuring, DeHeng Law Offices, Bankruptcy, Eminent domain
    Authors:
    Xu ZHANG , Kai XUE
    Location:
    Myanmar
    Firm:
    DeHeng Law Offices
    Pre-packs - Connaught so bad after all?
    2010-09-22

    The recent sale of the bulk of Connaught's failed social housing group has received a lot of positive press attention of late, due largely to the number of jobs the deal is reported to have saved.

    The sale appears to have occurred within days of Connaught going into administration. While there has been no suggestion that the deal was effected as a "pre-pack", the speed with which the sale was carried out echoes the most prominent feature of true pre-pack deals.

    Filed under:
    United Kingdom, Insolvency & Restructuring, MacRoberts LLP, Share (finance), Unsecured debt, Eminent domain, Precondition
    Authors:
    Alan Meek , John Reid
    Location:
    United Kingdom
    Firm:
    MacRoberts LLP
    City’s woes may impede bid to seize mortgages
    2012-07-13

    San Bernardino County is now considering a plan to use eminent domain to restructure mortgages that are underwater. If the proposed plan is enforced, many investors could face significant losses if their loans are seized. Michael A. Sweet discussed San Bernardino County’s financial situation with American Banker..

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Eminent domain
    Authors:
    Michael A. Sweet
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Reinsured’s constitutional takings claim against United States dismissed for failure to allege loss of actual “property”
    2008-11-13

    We previously posted on March 17, 2008 about a bankruptcy judgment in favor of a reinsured, Acceptance Insurance Companies, Inc. (“Acceptance”), which sought to be excused from the payment of $9 million in premium owed to its reinsurer for the remaining term of a five year contract because it had ceased writing the underlying crop insurance which was the subject of the reinsurance contract.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Jorden Burt LLP, Bankruptcy, Statutory interpretation, Reinsurance, Eminent domain, Fifth Amendment, US Department of Agriculture, Eighth Circuit
    Location:
    USA
    Firm:
    Jorden Burt LLP
    Statements made on record by principal of debtors not enforceable by lenders
    2008-12-31

    In In re River Center Holdings, LLC,1 the United States Bankruptcy Court for the Southern District of New York refused to permit lenders to enforce an oral commitment of the debtors’ principal to fund certain litigation. In River Center, the debtors’ principal had stated at a hearing that he would fund a condemnation action relating to property that served as collateral for the lenders’ financing.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Limited liability company, Eminent domain, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Statements made on record by principal of debtors not enforceable by lenders
    2008-12-31

    In In re River Center Holdings, LLC,1 the United States Bankruptcy Court for the Southern District of New York refused to permit lenders to enforce an oral commitment of the debtors’ principal to fund certain litigation. In River Center, the debtors’ principal had stated at a hearing that he would fund a condemnation action relating to property that served as collateral for the lenders’ financing.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Collateral (finance), Limited liability company, Eminent domain, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
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