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    Receivers in the gun for court costs?
    2013-07-25

    Receivers are well aware that they can limit or exclude their personal liability on a contract by appropriately worded language, in accordance with the Receiverships Act. But what about litigation? Is a receiver sufficiently protected against a personal costs award if the litigation is in the name of the company rather than the receiver?

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Bell Gully, Secured creditor
    Authors:
    David Friar
    Location:
    New Zealand
    Firm:
    Bell Gully
    PPSA priority set by date of registration, not perfection
    2012-10-04

    The Court of Appeal has reversed the High Court’s decision in Healy Holmberg Trading Partnership v Grant on a PPSA issue it describes as being of “practical significance”. 

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Chapman Tripp, Secured creditor
    Authors:
    Michael Arthur , Michael Harper , Bruce Scott , Geoff Carter
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    PPSA: Priority determined at the time of conflict
    2012-07-13

    In a decision concerning the expiry of a subordination agreement, the High Court has indicated that the priority of competing security interests is to be determined at the time the competing interests come in to conflict.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Russell McVeagh, Secured creditor
    Location:
    New Zealand
    Firm:
    Russell McVeagh
    Court of Appeal not so generous to Glenmorgan
    2012-04-26

    Until recently, the PPSA did not give second and subsequent ranking secured creditors a statutory right to take possession of collateral in the event of default. The PPSA has recently been changed to allow all secured creditors to exercise this right. The recent case of Glenmorgan v New Zealand Bloodstock [2011] NZCA 672, however, confirms that all secured creditors can also rely on contractual rights to take possession of collateral. Secured creditors should ensure that their security documents clearly give them this right.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Bell Gully, Collateral (finance), Secured creditor
    Authors:
    Murray Tingey , David McPherson
    Location:
    New Zealand
    Firm:
    Bell Gully
    Account receivable defined
    2011-10-04

    Burns & Agnew v Commissioner of the Inland Revenue and Strategic Finance Limited (in rec) concerned a dispute between a secured creditor and the IRD (as a preferential creditor) in respect of certain funds received by the liquidators of Takapuna Procurement Limited (TPL).  The liquidators applied to the High Court for directions as to the application of those funds and this required the Court to undertake an analysis of the concept of an "account receivable" for the purposes of determining whether such funds could be applied to satisfy preferential claims under the Seventh

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Credit (finance), Security (finance), Accounts receivable, Debt, Personal property, Liquidation, Unconscionability, Secured creditor, Liquidator (law), Securities Act 1933 (USA)
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Multiple event of default and a reasonable price obtained will absolve receivers and secured creditor of personal liability
    2011-04-04

    The case of Taylor and Ors v B concerned a company that imported and distributed hair care products, Cabellos Holdings Limited.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Default (finance), Secured creditor
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Security agreements signed just before liquidation: is the Personal Property Securities Act the answer?
    2011-06-29

    It is not uncommon for a receiver, liquidator or competing creditor to be presented with a security agreement, the ink on which appears scarcely to be dry.

    If that secured creditor registered on the Personal Property Securities Register (PPSR) months or years earlier, does that registration date determine priority between competing security interests?  Or is that unfair to other creditors?

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Chapman Tripp, Credit (finance), Debtor, Collateral (finance), Security (finance), Interest, Personal property, Liquidation, Secured creditor, Liquidator (law), Capital punishment, Securities Act 1933 (USA)
    Authors:
    Janko Marcetic
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    What does the administration of Uganda Telecom Limited mean for creditors and other stakeholders?
    2017-07-05

    The recent administration of heavily indebted Uganda Telecom Limited (“UTL”) aims to achieve the best outcome for creditors and shareholders. Below, we unpack the implications of the administration for UTL’s creditors and other stakeholders.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, ENS, Shareholder, Liquidation, Secured creditor
    Authors:
    Rehema Nakirya Ssemyalo , Phillip Karugaba
    Location:
    South Africa
    Firm:
    ENS
    The uses of insolvency
    2010-04-08

    With the global recession still being felt, times are tough and many companies are struggling to collect debts from errant customers or clients. In these cases, a winding-up application is arguably the most effective way to collect substantial debt as the following example shows.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, ENS, Bond (finance), Debtor, Discovery, Debt, Liquidation, Good faith, Holding company, Secured creditor, Liquidator (law), Admiralty law
    Authors:
    Claire Morgan
    Location:
    South Africa
    Firm:
    ENS
    GST/HST deemed trust is rendered ineffective against secured creditors post-bankruptcy
    2015-09-24

    In its decision in The Queen v. Callidus Capital Corporation1, rendered on August 17, 2015, the Federal Court of Canada examined, on a retrospective basis, the Crown's absolute priority regarding proceeds remitted to secured creditors from the assets of a tax debtor that are deemed to be held in trust (deemed trust) under section 222 of the Excise Tax Act (the "ETA") prior to such tax debtor's bankruptcy.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Stikeman Elliott LLP, Bankruptcy, Debtor, Secured creditor
    Authors:
    Jean-Guillaume Shooner , Guy P. Martel
    Location:
    Canada
    Firm:
    Stikeman Elliott LLP

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