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
    Beware of continuing liability for outgoing resident payments
    2012-11-16

    A case this week in New South Wales involving a dispute between the residents of a retirement village and the operator of a retirement village reminded us of some of the issues that can arise when a village goes into liquidation.  

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Real Estate, McInnes Wilson Lawyers, Preferred stock
    Authors:
    Taryn Hartley
    Location:
    Australia
    Firm:
    McInnes Wilson Lawyers
    Discussion document for third party funding of the FMA, XRB, Companies Office and the Insolvency and Trustee Service
    2011-07-08

    The Ministry of Economic Development has released a discussion document (together with a Q & A) which considers a range of potential changes to the fees and levies that fund the institutions that regulate New Zealand's corporate environment and financial markets.

    Filed under:
    New Zealand, Capital Markets, Company & Commercial, Insolvency & Restructuring, Bell Gully, Security (finance), Surveillance, Option (finance), Limited partnership, Liquidation, Economic development, Preferred stock, Financial Markets Authority (New Zealand), Trustee
    Location:
    New Zealand
    Firm:
    Bell Gully
    Declared but unpaid dividends: out in the cold with the other equity claims
    2011-05-09

    Although originating from equity, declared but unpaid dividends have historically been treated as debt claims by courts in proceedings under the Companies’ Creditors Arrangement Act (CCAA).1 Following the coming into force of the CCAA amendments in September 2009, a fresh look at the characterization of claims as debt or equity is being undertaken.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, McMillan LLP, Shareholder, Credit (finance), Fraud, Dividends, Interest, Debt, Negligence, Preferred stock, Ontario Superior Court of Justice
    Authors:
    Waël Rostom
    Location:
    Canada
    Firm:
    McMillan LLP
    Comparing US and Canadian rules for debt forgiveness
    2009-10-29

    In the current recession, some North American businesses facing difficulty in meeting their debt obligations may consider the implications of restructuring their debt in Canada or the US. The rules in the two jurisdictions have some similarities, but also some significant differences that should be examined in any such restructuring.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Tax, Cassels Brock & Blackwell LLP, Share (finance), Bankruptcy, Shareholder, Debtor, Interest, Taxable income, Debt, Debt relief, Fair market value, Default (finance), Preferred stock, Bankruptcy discharge, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Lorne H. Saltman
    Location:
    Canada, USA
    Firm:
    Cassels Brock & Blackwell LLP
    Does an execution creditor have priority over unsecured creditors in an insolvency?
    2009-02-18

    An Ontario Court recently confirmed that an execution creditor does not have priority over the unsecured creditors of a debtor upon the insolvency of the debtor even if the judgment creditor is then holding funds of the debtor which it has garnisheed.

    In February 2008, the Superior Court of Justice – Ontario granted Cotton Ginny Inc., CG Operations Limited ("H/O"), CG Operations I Limited and CG Operations II Limited, protection under the Companies’ Creditors Arrangement Act.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Debtor, Unsecured debt, Capital punishment, Preferred stock, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    Distressed preferred shares offer attractive restructuring alternative
    2008-12-08

    Distressed preferred shares are an important weapon in the arsenal of a restructuring lawyer. They allow distressed companies to reduce their borrowing costs by restructuring their debt in a way that gives a taxable Canadian resident corporate lender a tax-free return. This means that the lender can accept a dividend rate that is less than the interest rate on the debt it holds and receive the same economic return without losing the priority that came with holding secured debt.

    Filed under:
    Canada, Insolvency & Restructuring, Tax, Osler Hoskin & Harcourt LLP, Bond market, Tax exemption, Shareholder, Debtor, Dividends, Interest, Debt, Economy, Maturity (finance), Refinancing, Cashflow, Default (finance), Subsidiary, Preferred stock, Distressed securities, Secured loan, Income-Tax Act 1961 (India)
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    The pension implications of the Wage Earner Protection Program
    2008-08-08

    On July 7, 2008, the Wage Earner Protection Program Act (the "WEPPA") was proclaimed into force, along with complementary amendments to the Bankruptcy and Insolvency Act (the "BIA") and other related statutes. The new program protects a limited amount of the unpaid wages of employees when an employer becomes bankrupt or is placed into receivership, and the amendments to the BIA provide for the priority of some un-remitted pension contributions.

    The Wage Earner Protection Program (the "WEPP")

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Borden Ladner Gervais LLP, Wage, Bankruptcy, Income tax, Retirement, Remand (court procedure), Preferred stock, Severance package, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The Wage Earner Protection Program: protection of workers’ wages in the event of employer insolvency
    2008-01-14

    On December 14, 2007, Bill C-12 was given Royal Assent. The Bill involves a comprehensive reform of Canada’s insolvency system. A key component of these reforms was the creation of the Wage Earner Protection Program (WEPP). The WEPP provides statutory wage protection for workers when a) their employer becomes bankrupt or subject to a receivership, and b) their employment is terminated as a result.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, McCarthy Tétrault LLP, Wage, Bankruptcy, Debtor, Unsecured debt, Due diligence, Unemployment benefits, Annual leave, Preferred stock, Unsecured creditor, US Federal Government, Innovation, Science and Economic Development Canada
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    How rights of preferred stockholders are affected by insolvency plan proceedings – Garant
    2010-07-09

    The German Federal Civil Court (BGH) in its decision of 15 April 2010 (IX ZR 188/09) clarified the legal position of holders of preferred stock in insolvency plan proceedings.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Share (finance), Legal personality, Shareholder, Debtor, Dividends, Waiver, Liability (financial accounting), Liquidation, Joint-stock company, Preferred stock
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Proposed amendment to the German Insolvency Code – tax claims as preferred insolvency claims
    2010-07-09

    As part of the German government’s costs savings package, a change in the German Insolvency Code may be implemented which will grant to the German fiscal authorities a preferred creditor status.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Squire Patton Boggs, Debtor, Unsecured debt, Budget, Preferred stock, Bundestag
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • 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