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    Ontario courts approve Magna plan of arrangement
    2010-11-12

    Introduction and Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Share (finance), Corporate governance, Shareholder, Board of directors, Legal burden of proof, Voting, Debenture, Bell Canada, Supreme Court of Canada, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    Asset sales in the CCAA
    2009-10-30

    Nortel Networks (“Nortel”) brought a motion seeking approval of the sale of various Nortel assets to Nokia Siemens (“Asset Sale Agreement”), and for approval of a Sale Agreement and Bidding Procedures, advanced by Nortel for the purpose of conducting a “stalking horse” bidding process in respect of its Code Division Multiple Access (“CDMA”) and Long-Term Evolution Access (“LTE”) assets. As of the date of the motion, Nortel had yet to propose a formal plan of compromise or arrangement.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Economy, Good faith, Voting, Stakeholder (corporate), Companies' Creditors Arrangement Act 1933 (Canada), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    CCAA court allows debtor to pay pre-filing unsecured debts
    2009-07-30

    Recently, in Re Eddie Bauer of Canada Inc., Justice Morawetz ordered a debtor was entitled to pay amounts owing for goods and services actually supplied prior to the filing date.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Retail, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Subsidiary
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    The monitor’s power to revise claims after a claims bar date
    2009-06-30

    In Re ScoZinc Ltd., 2009 NSSC 136 the monitor appointed under the Companies’ Creditors Arrangement Act (“CCAA”) brought a motion for directions on whether it had the authority to allow the revision of a claim after the claim’s bar date, but before the date set for the monitor to complete its assessment of claims.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta, Trustee
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Insolvency and restructuring changes proposed by the State Duma
    2009-01-14

    The business community in Russia is going to see an increase in default claims due to the mounting credit crisis. Many companies will not survive in such an environment and a wave of insolvencies is likely to ensue. The prospect of this has forced the State Duma to focus on developing a robust response. New bills, which would transform the Russian insolvency landscape, are currently under consideration.

    Filed under:
    Russia, Insolvency & Restructuring, Dentons, Bankruptcy, Costs in English law, Shareholder, Debtor, Mortgage loan, Liability (financial accounting), Negligence, Default (finance), International Swaps and Derivatives Association, State Duma
    Location:
    Russia
    Firm:
    Dentons
    Insolvency and restructuring: changes proposed by the State Duma
    2008-12-22

    The business community is going to see an increase in default claims due to the mounting credit crisis. Many companies will not survive in such an environment and a wave of insolvencies is likely to ensue. The prospect of this has forced the State Duma to focus on developing a robust response. New bills, which would transform the Russian insolvency landscape, are currently under consideration.

    Filed under:
    Russia, Insolvency & Restructuring, Dentons, Bankruptcy, Costs in English law, Shareholder, Mortgage loan, Liability (financial accounting), Negligence, Professional liability insurance, International Swaps and Derivatives Association, State Duma
    Location:
    Russia
    Firm:
    Dentons
    Double take – are expenses of liquidator reviewable by shareholders?
    2013-06-27

    In Bunting v Buchanan, the applicant shareholders sought discovery ahead of a hearing of their substantive application which involved the level of costs charged by two liquidators as a consequence of a drawn-out liquidation.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Discovery
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Deadlock:reasonable alternatives to a liquidaton order
    2012-03-30

    In Sea Management Singapore Pte Ltd v Professional Service Brokers Ltd, SEA, a 50% shareholder in PSB, applied to put PSB into liquidation due to the irreconcilable deadlock SEA claimed existed at both board and shareholder levels over the direction of Conexa, a PSB subsidiary.  Associate Judge Bell dismissed the application, holding that it was not just and equitable to order liquidation when a reasonable option existed in the constitution, or under the shareholders' agreement.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Liquidation
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Removal of company administrators (UK)
    2011-10-04

    In Finnerty v Clark the appellants were the sole shareholders and substantial unsecured creditors of St George's Property Services (London) Ltd (St George).  The respondents were administrators of St George.  The High Court decision was reviewed in our December 2010 insolvency legal update.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Unsecured debt, Default (finance), Court of Appeal of Singapore
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Bank owes no duty of care to creditor of customer
    2011-07-01

    (High Court Auckland, CIV 2010-404-6381, 8 April 2011, Associate Judge Matthews)

    In ASB Bank Limited v Hall, the High Court confirmed that a bank does not owe a duty of care to a creditor, director or shareholder of a customer of the bank. 

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Shareholder, Duty of care, High Court of Justice
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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