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    Ad valorem property taxes: deadline for challenging in a bankruptcy
    2012-12-11

    Pinellas County Property Appraiser v. Read (In re Read), 692 F3d 1185 (11th Cir. 2012) –

    Under Section 505(a)(1) of the Bankruptcy Code, generally a bankruptcy court may determine the amount or legality of any tax. However, under Section 505(a)(2)(C) of the Bankruptcy Code ad valorem real or personal property taxes cannot be contested if the applicable time period under non-bankruptcy law has expired.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Troutman Pepper, Bankruptcy, Debtor, Property tax, Interest, Personal property, Title 11 of the US Code
    Location:
    USA
    Firm:
    Troutman Pepper
    Golf fees as cash collateral: strike three you’re out
    2012-12-04

    Far East Nat’l Bank v. U.S. Trustee, San Diego (In re Premier Golf Properties, LP) 477 B.R. 767 (9th Cir. B.A.P. 2012) –

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Troutman Pepper, Bankruptcy, Debtor, Collateral (finance), Interest
    Location:
    USA
    Firm:
    Troutman Pepper
    Can default interest and late fees be excluded from secured claims? … Maybe, maybe not
    2012-09-06

    In re 785 Partners LLC, 470 B.R. 126 (S.D.N.Y. Bankr. 2012) –

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Interest, Default (finance), Secured creditor
    Location:
    USA
    Firm:
    Troutman Pepper
    No costs order against receivers
    2008-05-21

    Where a receiver of an insolvent company brings an unsuccessful claim, a personal costs order will not be made against the receiver unless there are exceptional circumstances making it just to do so.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Wage, Costs in English law, Interest, Court costs, Secured creditor, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    No consideration
    2007-07-18

    A husband and wife jointly owned their property. In matrimonial proceedings, the husband was ordered to transfer his interest in the property to the wife. Following his bankruptcy, the husband’s trustee applied to set aside the property transfer on the basis that it had been made at an undervalue, and the wife had given no consideration in money or money’s worth within the meaning of s339 of the Insolvency Act 1986. The wife contended that the fact that she had foregone ancillary relief claims was capable of amounting to consideration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Gowling WLG, Bankruptcy, Interest, Consideration, Adoption, Marriage, Insolvency Act 1986 (UK), Trustee
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    The parties’ intentions
    2007-07-18

    MB had been the secured tenant of a property in which she lived with B, and which she had bought at a substantial discount. The property was conveyed into the joint names of MB and B as joint tenants. Although MB’s mortgage company had insisted the property be in joint names, she claimed that the intention had always been that B would only have a minimal interest in it. He had made no contribution to the purchase price, mortgage repayments or household expenses. When MB had ascertained the effect of the joint tenancy, she gave notice of severance to B.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Bankruptcy, Leasehold estate, Interest, Consideration, Mortgage loan, Conveyancing, Severance package, Insolvency Act 1986 (UK), Trustee
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    No third-party costs order
    2007-07-18

    The company, through its receivers, brought and prosecuted an unsuccessful claim against the defendants. The claim was financed from funds subject to the receivers’ control but the receivers had no beneficial or personal interest in those funds or the outcome of the proceedings. The first defendant sought to recover his costs of the proceedings from the receivers from funds realised in the course of the receivership on the basis that they were the real claimants, and had conducted the proceedings for the benefit of themselves and the bank that had appointed them.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Costs in English law, Interest, Concession (contract), Default (finance)
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    The importance of documenting shareholder loans (Ontario)
    2012-12-19

    Shareholders often overlook the need to properly document loan advances in their haste to provide funds to the company, without being aware of the significant consequences that can result.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Shareholder, Interest, Unsecured creditor
    Location:
    Canada
    Firm:
    Gowling WLG
    The trustee in bankruptcy of Richard Canty v Canty (2007)
    2007-05-25

    Although this case is about a trustee in bankruptcy’s fight to realise his interest in a property by virtue of a debtor’s bankruptcy, the facts (though extreme) are not untypical of a finance company’s position when a hirer refuses to return goods to it despite the fact the court has ordered the hirer to do so.

    In this case Mr Canty was made bankrupt in relation to a relatively small debt and he never accepted the position. There followed a number of appeals and challenges over the following years in which he attempted to reopen and relitigate earlier proceedings.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Debtor, Breach of contract, Waiver, Interest, Contempt of court, Best practice, Court of Appeal of Singapore
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Security from principal debtor does not preclude claim against guarantor
    2011-07-20

    The case of White v Davenham Trust Ltd, has reaffirmed that a creditor can choose its own method of enforcing a debt which has been guaranteed even where it might hold security for that debt.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Surety, Debtor, Interest, Debt, Liability (financial accounting)
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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