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
    A known unknown: preference risks for commercial landlords on rental arrears
    2020-09-02

    Commercial landlords are exposed to a range of risks from the economic and social consequences of the COVID-19 pandemic. One new risk to be confronted will come from the increased prevalence of rental deferrals and interaction with the Australian insolvency regime over ‘unfair preferences’.

    Why is rent ‘protected’ in normal trading conditions?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Corrs Chambers Westgarth, Coronavirus
    Authors:
    Matthew Critchley , Alicia Salvo
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Changes to insolvency legislation further restrict landlords’ enforcement options
    2020-09-03

    The Coronavirus Act 2020 came into force on 20 March 2020 and, under section 82, created a moratorium on commercial landlords forfeiting business leases for non-payment of rent, which remains in place.

    On 23 April 2020, the government announced additional temporary restrictions on commercial landlords, referring to:

    “High street shops and other companies under strain [being] protected from aggressive rent collection”.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Weightmans LLP, Coronavirus
    Authors:
    Simon Hartley
    Location:
    United Kingdom
    Firm:
    Weightmans LLP
    Client Alert: Getting Paid in Bankruptcy - Part III, Landlords, Leases, and Licenses
    2020-09-01

    In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might arise in any given bankruptcy case. We have omitted several of the Bankruptcy Code’s more esoteric legal protections and exceptions that arise in specific kinds of bankruptcy cases. When bankruptcy strikes, creditors should always consult a bankruptcy lawyer to understand what actions they need to take to preserve their rights and maximize their recovery.

    The Basic Concept of a “Claim”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Bowditch & Dewey LLP
    Authors:
    David A. Mawhinney
    Location:
    USA
    Firm:
    Bowditch & Dewey LLP
    Commercial Landlords (and Their Lenders) Beware: Bankruptcy Courts Are Shifting Risks to Lessors in Response to the Exigent Circumstances Brought on by COVID-19
    2020-08-31

    The COVID-19 pandemic has triggered unprecedented levels of business disruption and forced numerous companies into bankruptcy in an effort to preserve dwindling liquidity and postpone creditor demands. Retailers, whose brick-and-mortar locations were already struggling to adapt to an increasingly online marketplace, have been among the hardest hit. A number of bankruptcy judges, faced with the prospect of an avalanche of forced liquidations, have thrown these debtors a lifeline by approving requests to suspend lease payments.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Morrison & Foerster LLP, Force majeure, Coronavirus, Title 11 of the US Code
    Authors:
    Brett H. Miller , Mark S. Edelstein , Erica J. Richards
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    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
    Disclaiming lease agreements - Re Willmott Forests Ltd
    2012-09-18

    In the recent Court of Appeal decision of Re Willmott Forests Ltd [2012] VSC 29, the Court held that a lessee’s leasehold interest can be extinguished by a liquidator appointed to a lessor company using the disclaimer power in s 568 of the Corporations Act 2001 (Act). 

    Facts

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Real Estate, Holding Redlich, Leasehold estate, Liquidation, Liquidator (law), Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Holding Redlich
    Disclaiming landlord's interest in a lease - an Australian perspective
    2012-09-28

    A liquidator of a landlord company who disclaims a lease under section 568(1) of the Corporations Act 2001 (Cth), a section largely similar to section 269 of the Companies Act 1993 (NZ), does so with full effect, leaving the land unencumbered by the interests of tenants.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Real Estate, Buddle Findlay, Landlord, Leasehold estate, Liquidator (law), Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Buddle Findlay
    Victoria's new Farm Debt Mediation Scheme - how does it work?
    2012-10-25

    Key Points:

    There are various issues of which a secured creditor must be aware in seeking to either comply with its obligations or take steps to enforce a mortgage under the Act.

    Victoria's new Farm Debt Mediation Act 2011 (Vic) commenced operation on 1 December 2011 and is largely modelled on the equivalent New South Wales legislation, the Farm Debt Mediation Act 1994 (NSW).

    Filed under:
    Australia, Arbitration & ADR, Banking, Insolvency & Restructuring, Real Estate, Clayton Utz, Debtor, Debt, Mortgage loan, Mediation
    Authors:
    Paul James
    Location:
    Australia
    Firm:
    Clayton Utz
    A liquidator's disclaimer of a lease extinguishes a tenant's leasehold interest
    2012-10-25

    Key Points:

    The decision will give liquidators the certainty of knowing that disclaimer of a lease means that a tenant no longer has any interest in the land.

    A recent decision of the Victorian Court of Appeal has confirmed that a liquidator of a landlord can disclaim a lease with full effect, so that the land is no longer encumbered by a tenant's interest.

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Real Estate, Clayton Utz, Leasehold estate, Interest, Liquidation, Victoria Supreme Court
    Authors:
    Scott Sharry , Laura Hawes
    Location:
    Australia
    Firm:
    Clayton Utz
    Effect of liquidator’s disclaimer of a lease
    2012-09-07

    The recent decision of the Victorian Court of Appeal in Re Willmott Forests Limited (Receivers and Managers appointed) (in liquidation) [2012] VSCA 202 gives liquidators comfort when disclaiming leases (as the liquidator of a landlord) pursuant to s 568(1) of the Corporations Act 2001 (Cth) (‘the Act’).

    Filed under:
    Australia, Victoria, Insolvency & Restructuring, Litigation, Real Estate, King & Wood Mallesons, Leasehold estate, Liquidation, Liquidator (law), Corporations Act 2001 (Australia), Victoria Supreme Court
    Authors:
    Joanne Cameron , Patricia Matthews
    Location:
    Australia
    Firm:
    King & Wood Mallesons

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 50
    • Page 51
    • Page 52
    • Page 53
    • Current page 54
    • Page 55
    • Page 56
    • Page 57
    • Page 58
    • …
    • 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