Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Liquidator vindicated by the Federal Court in the Babcock & Brown liquidation
    2021-09-08

    A hotly anticipated decision in the ongoing saga of the Babcock & Brown liquidation was handed down last week, resulting in another win for the liquidator (represented by Johnson Winter & Slattery) and further highlighting the challenges facing liquidators when they are thrust into a quasi-judicial function when assessing proofs of debt.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Johnson Winter Slattery, Share (finance), Shareholder, Asset management, Investment management, Debt, Liquidation, Liquidator (law), Market value, Listing Rules, Global financial crisis, Australian Securities Exchange, Corporations Act 2001 (Australia), Federal Court of Australia
    Authors:
    Joseph Scarcella
    Location:
    Australia
    Firm:
    Johnson Winter Slattery
    Restructuring and workouts - some practical pointers
    2009-02-18

    Getting your house in order

    Understand your counterparty risks

    It is very important in the present climate to understand your contracts and your counterparty risks. We are finding an increasing number of clients “stress testing” their contracts and considering the consequence of an insolvency event. This is good practice; particularly since to identify weaknesses in structures and counterparty risk upon insolvency may afford you the time to fix it before things do go wrong.

    Where are the documents?

    Filed under:
    Asia-Pacific, Insolvency & Restructuring, Norton Rose Fulbright, Information privacy, Debt, Credit risk, Liquidation, EBITDA, Market value, Valuation (finance), Discounted cash flow
    Location:
    Asia-Pacific
    Firm:
    Norton Rose Fulbright
    PIF revisited - no right not to be diluted
    2011-10-07

    On 5 October 2011 Justice Barrett of the Supreme Court of NSW handed down a decision in Centro Retail Limited and Centro MCS Manager Limited in its capacity as Responsible Entity of the Centro Retail Trust [2011] NSWSC 1175 (“Centro”) where he found that the responsible entity of Centro Retail Trust would be justified in modifying the constitution of the trust without unitholder approval to a insert a provision permitting the issue of units at a price different to that provided for by the pre-existing provisions.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Retail, Security (finance), Investment funds, Market value, Net asset value, Unilateralism, Australian Securities Exchange, ING Group, Australia and New Zealand Banking Group, Constitutional amendment, Corporations Act 2001 (Australia), Constitution, Federal Court of Australia, New South Wales Supreme Court
    Authors:
    Brian Murphy
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Commission approves Alitalia asset sale
    2008-11-14

    The European Commission has approved the plan by the Italian authorities to sell the assets of the airline Alitalia, which had entered into financial difficulties, under a special insolvency procedure. The Commission concluded that the sale of the assets would not constitute a subsidy prohibited under EU State aid rules provided the assets are sold at market value and other conditions have been satisfied. An independent trustee has been appointed to oversee the sale by the administrator assigned under the special insolvency procedure.

    Filed under:
    European Union, Italy, Aviation, Insolvency & Restructuring, McDermott Will & Emery, Liquidation, Subsidy, State aid, Market value, European Commission, Trustee
    Location:
    European Union, Italy
    Firm:
    McDermott Will & Emery
    Abuse of the Repair and Storage Liens Act
    2012-03-06

    Lawrence Gold recently presented on abuses of the Repair and Storage Liens Act (Ontario) (“RSLA”) impacting commercial finance and insurance companies to the Ontario Personal Property Security Legislation Committee (“PPSL Committee”). As changes to the RSLA will likely not be implemented in the near future, concerns regarding abuse of lien claimant rights are of significant importance to the industry.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Insurance, Litigation, Cassels Brock & Blackwell LLP, Collateral (finance), Market value
    Authors:
    Jonathan Fleisher , Eleonore Morris
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Court declines to approve sale of assets as part of proposal proceedings
    2010-07-21

    In the recent decision of Justice Cumming In the Matter of the Proposal of Hypnotic Clubs Inc. (“Hypnotic” or the “Debtor”) the court dismissed a motion by the Debtor for a sale of its assets pursuant to s.65.13 of the Bankruptcy and Insolvency Act (“BIA”).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Debtor, Consideration, Good faith, Secured creditor, Market value, Unsecured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Authors:
    Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The impact of recent reforms to Canadian insolvency legislation
    2009-09-29

    On September 18, 2009, long-awaited amendments to the Bankruptcy and Insolvency Act (“BIA”) and the Companies’ Creditors Arrangement Act (“CCAA”) take effect that will have a significant impact on commercial insolvencies in Canada. While many of these changes reflect existing practice and case law, some introduce more novel concepts not developed by courts, broadening what can be accomplished under the insolvency regime. This article comments on salient features of the new amendments.

    Filed under:
    Canada, Insolvency & Restructuring, McMillan LLP, Wage, Debtor, Consideration, Cashflow, Market value, Constitutional amendment, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Location:
    Canada
    Firm:
    McMillan LLP
    PMSI v. Insured
    2009-05-14

    GE financed two tractor trailers for Brampton Leasing & Rentals Ltd. (“Debtor”) under conditional sale contracts and perfected its security under the Personal Property Security Act (Ontario) (“PPSA”).

    The Debtor leased the vehicles to lessees, who obtained vehicle insurance from ING. GE was not named as a loss payee by the Debtor or the lessees.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Insurance, Litigation, Miller Thomson LLP, Bankruptcy, Debtor, Collateral (finance), Misrepresentation, Good faith, Vehicle insurance, Market value, Secured loan, Implied consent, General Electric, ING Group, Personal Property Security Act 1990 (Canada), Court of Appeal of England & Wales
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Close-out Netting Provisions partially held invalid by German Federal Court of Justice
    2016-08-03

    milbank.com 1 Client Alert: Close-out Netting Provisions partially held invalid by German Federal Court of Justice General Administrative Act (Allgemeinverfügung) issued by German Federal Supervisory Authority to avoid Legal Uncertainty and Distortions in Financial Markets EXECUTIVE SUMMARY The German Federal Court of Justice (Bundesgerichtshof, "BGH") ruled on 9 June 2016 that contractual close-out netting provisions which deviate from section 104 of the German Insolvency Code (Insolvenzordnung) are invalid and section 104 of the German Insolvency Code applies in lieu of the invalid contra

    Filed under:
    Germany, Derivatives, Insolvency & Restructuring, Litigation, Milbank LLP, Security (finance), Limited liability company, Option (finance), Market value, Capital requirement, International Swaps and Derivatives Association, Lehman Brothers, Federal Financial Supervisory Authority (Germany), Federal Court of Australia
    Location:
    Germany
    Firm:
    Milbank LLP
    High court clarifies position in relation to substantial property transactions with directors
    2011-01-27

    Kerr & Ors v Conduit Enterprises Ltd

    In 1997 the two directors of the company and others purchased a building and leased it to the company. Ownership of the company changed hands a number of times and, in 2008, the then new owners purported to void the lease on the basis that it had never been approved by shareholder resolution. The landlords issued proceedings seeking a declaration that the lease was valid.

    The court held that:

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Shareholder, Landlord, Market value, Annual general meeting
    Authors:
    Declan Black , Maurice Phelan , Judith Riordan , Frank Flanagan
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days