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    Debt Restructuring Agreements entered into by Real Estate Funds
    2016-01-20

    According to recent Italian case law Real Estate Funds may now enter as debtors into the debt restructuring agreements (so called “accordi di ristrutturazione dei debiti”) provided for by the Italian bankruptcy law.1 Reference is made to Milan Court Decrees 6 November 2015 and 3 December 2015 (the “Case Law”).2

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Debtor, Debt restructuring
    Location:
    Italy
    Firm:
    Dentons
    Disclaimer and rates liability
    2014-07-17

    Schroder Exempt Property Unit Trust and another v. Birmingham City Council [2014] EWHC 2207

    Summary

    A landlord is liable for business rates where a tenant's lease is disclaimed, even if the landlord does not take possession of the property following a disclaimer.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Landlord, Leasehold estate
    Authors:
    Bryan Johnston
    Location:
    United Kingdom
    Firm:
    Dentons
    Fair game – administration rents and creditors' returns
    2014-04-22

    In recent years some high profile (and controversial) court decisions have swelled the list of liabilities that must be paid as expenses of an administration. Administration expenses enjoy "super priority", being payable out of floating charge realisations ahead of the claims of preferential creditors and floating charge holders. So, when an otherwise unsecured claim ranks as an administration expense, it clearly benefits the relevant creditor, but at the expense of the floating charge holder.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Unsecured creditor
    Location:
    United Kingdom
    Firm:
    Dentons
    Game over? Court of Appeal has a kick-about with Game administration
    2014-02-26

    The case concerning the Game group of companies' administration has now been played out in the Court of Appeal and the eagerly anticipated judgment has been handed down.

    The issue at stake concerned a landlord's ability to recover rent as an expense of administration (and therefore payable before other creditors) where such rent is payable in advance but where the tenant's administration occurs immediately before a quarter day's rent falling due.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Unsecured debt, Landlord
    Authors:
    Bryan Johnston , Byron Nurse , Jason Sheard
    Location:
    United Kingdom
    Firm:
    Dentons
    Administrators relieved of personal liability for rent during COVID-19 pandemic
    2020-06-11

    The Federal Court of Australia in Strawbridge (Administrator), in the matter of CBCH Group Pty Ltd (Administrators Appointed) (No 2) [2020] FCA 472 has made orders to release the administrators of retailer The Colette Group (the Group) from personal liability for rent for a two-week period during the COVID-19 pandemic. 

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Landlord, Coronavirus
    Authors:
    Myles O'Brien , Matthew Triggs , Oliver Gascoigne , Bridie McKinnon , Annie Cao , Luke Sizer , David Broadmore , Jan Etwell , Willie Palmer , Scott Barker , Scott Abel , Peter Niven , Kelly Paterson , David Perry
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Legal update on insolvency law - April 2019
    2019-04-05

    The much anticipated Mainzeal judgment is released

    Filed under:
    New Zealand, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, Real Estate, White Collar Crime, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Backward tracing the misuse of company funds
    2016-12-13

    In Intext Coatings Ltd (In Liquidation) v Deo, the High Court was again asked to consider the limits of the equitable remedy of tracing (previously considered here). In particular, the Court was asked to consider the circumstances in which 'backward tracing' (the tracing of trust funds used to repay a debt into the asset over which that debt arose) is available.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Debt, Mortgage loan
    Authors:
    Susan Rowe , Scott Abel , Kelly Paterson , Peter Niven , Jan Etwell , Scott Barker , David Perry , Bridie McKinnon , Willie Palmer , Myles O'Brien
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Loans to wife for husband's purposes not subject to the CCCFA
    2016-12-13

    Mr Maharaj owned a building company. Ms Nandani, his wife, owns a residential property. Mr Maharaj needed funding, which he could not obtain. However, the necessary funds were loaned to Ms Nandani and secured over her property. Ms Nandani subsequently contended that:

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Debt, Unconscionability
    Authors:
    Bridie McKinnon , Susan Rowe , David Perry , Jan Etwell , Scott Abel , Peter Niven , Scott Barker , Kelly Paterson , Myles O'Brien , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Duties owed by receivers to bankrupt mortgagors
    2015-12-08

    In Purewal v Countrywide Residential Lettings Ltd [2015] EWCA Civ 1122, the receivers of a property did not make an insurance claim in relation to damage to the property.  The mortgagor of the property (a bankrupt) repaired the property himself.  He brought an action against the receivers for breach of duty by failing to make an insurance claim, claiming damages for the cost of the repairs.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Bankruptcy
    Authors:
    David Perry , Scott Barker , Willie Palmer , Jan Etwell
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Liquidator's disclaimer of lease upheld by Australian High Court
    2013-12-13

    In our September 2012 insolvency update, we reported on Re Willmott Forests Ltd [2012] VSC 29, where the Victorian Court of Appeal found that a leasehold interest in land is extinguished by a liquidator's disclaimer of the lease pursuant to section 568(1) of the Australian Corporations Act 2001 (Cth).

    Filed under:
    Australia, New Zealand, Victoria, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Leasehold estate, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court, High Court of Australia
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    Australia, New Zealand
    Firm:
    Buddle Findlay

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