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    Directors beware: Alberta Court of King’s Bench imposes personal liability for improper insider payments
    2025-12-02

    The Alberta Court of King’s Bench (the Court) has delivered an important decision in the insolvency proceedings of Wolverine Energy and Infrastructure Inc. (WEI), voiding insider payments and imposing personal liability on a former executive. The ruling highlights the significant risks associated with insider transactions during financial distress and clarifies how courts apply statutory remedies under the Bankruptcy and Insolvency Act (BIA), the Fraudulent Preferences Act (FPA), and the Statute of Elizabeth (SOE).

    Filed under:
    Canada, Alberta, Company & Commercial, Insolvency & Restructuring, Litigation, Torys LLP, Supreme Court of Canada
    Authors:
    Kyle Kashuba , Bilal Qureshi , Campbell Pickard
    Location:
    Canada
    Firm:
    Torys LLP
    Píldoras Concursales Noviembre
    2025-11-27

    1. Introducción

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Ashurst
    Authors:
    Jorge Vazquez , Jose Christian Bertram , José Antonio Rodríguez , Alberto Manzanares
    Location:
    Spain
    Firm:
    Ashurst
    Bankruptcy Court Finds Oversecured Creditor Not Entitled to Recovery of Post-Petition Attorneys’ Fees
    2025-12-16

    In its decision in In re Brandt, the court seems to draw a clear line: No post-petition add-ons for attorneys’ fees and costs when a secured claim arises from a judgment lien.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Supreme Court of the United States
    Authors:
    Chris Winter , Drew S. McGehrin
    Location:
    USA
    Firm:
    Duane Morris LLP
    2025 Year in Review: Commercial Disputes
    2025-12-11

    As 2025 draws to a close, this newsletter reviews key developments that have shaped the commercial disputes landscape over the past year and offers our views on significant English court decisions. We then look ahead to the trends likely to define 2026. We also reflect on another productive and successful year for Hausfeld’s Commercial Disputes team.

    HOW DID 2025 CHANGE THE LEGAL LANDSCAPE?

    Financial services

    Filed under:
    United Kingdom, Banking, Company & Commercial, Compliance Management, Environment & Climate Change, Insolvency & Restructuring, Litigation, Hausfeld LLP, Corporate governance, Blockchain, Climate change, Supply chain, Mediation, Fintech, Artificial intelligence, Cryptocurrency, ESG, Litigation funding, Data protection and privacy, Anti-bribery and corruption, Greenwashing, Financial Conduct Authority (UK), Barclays, Google, Office of Foreign Assets Control (USA), Getty Images v Stability AI, Consumer Credit Act 1974 (UK), Companies Act 2006 (UK), Financial Services and Markets Act 2000 (UK), Arbitration Act 2025 (UK), UK Supreme Court
    Authors:
    Ned Beale , Lucy Pert , Rebecca Warder , Chrysanthi Bampali
    Location:
    United Kingdom
    Firm:
    Hausfeld & Co LLP
    Maher & Anor v Investalet Ltd & Anor
    2025-12-09

    This article examines the recent decision in Maher & Anor v Investalet Ltd & Anor.

    Section 234 Insolvency Act 1986 provides:

    “(2) Where any person has in his possession or control any property, books, papers or records to which the company appears to be entitled, the court may require that person forthwith (or within such period as the court may direct) to pay, deliver, convey, surrender or transfer the property, books, papers or records to the office-holder.”

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell, DAF
    Authors:
    Mimi Oluwande
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Rawbank SA v Banfield & Ors
    1969-12-31
    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell, PricewaterhouseCoopers, Travelex, Comet Group, Insolvency Act 1986 (UK)
    Authors:
    Frances Coulson
    Firm:
    Wedlake Bell
    Common Law ABCs v. Receiverships
    2025-12-02

    Assignments for benefit of creditors (“ABCs”) and receiverships have been utilized effectively for centuries under the common law, side-by-side as separate and distinct and complementary remedies for liquidating assets.

    Differences

    Differences between the two are that:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Provisional Liquidators, Redundancies and TUPE (UK)
    <br>
    1969-12-31
    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, HM Revenue and Customs (UK), Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal
    Authors:
    Rachael Markham
    Firm:
    Squire Patton Boggs
    ABC Statutes: Important-But-Ignored Stakeholders
    2025-12-16

    When state legislatures consider a legislative bill, it’s important that they hear from stakeholders who would be affected by that bill.

    Important ABC Stakeholders

    When faced with a legislative bill on assignment for benefit of creditors (“ABC”), its important that legislatures hear from a variety of stakeholders, including this important group:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Koley Jessen PC
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Does A U.S. Supreme Court’s Certiorari Denial Have Precedential Value?
    2025-12-11

    Recently, the U.S. Supreme Court denied certiorari in two cases involving bankruptcy questions:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC

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