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    Ethical issues in bankruptcy and insolvency
    2011-03-14
    1. Ex ParteOrders

    There are a number of ethical issues facing lawyers today in bankruptcy and insolvency litigation. One of the main issues is the level of disclosure in ex parte applications, such as those for a stay of proceedings in order to file a proposal under the BIA or a plan under theCCAA.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Confidentiality, Bankruptcy, Shareholder, Waiver, Interest, Discovery, Solicitor, Ex parte, Trustee
    Authors:
    Christopher J. Ramsay
    Location:
    Canada
    Firm:
    Dentons
    No priority given to solicitors' fees in opposing winding up petitions
    2012-12-20

    In the recent English decision of Neumans LLP v Andronikou & Others, a company had unsuccessfully opposed a winding up petition and the question for the Court was whether the solicitors' costs in doing so were an expense of the administration. In considering this issue, the Court noted that there would have to be "some special reason, connected with the administration" to make the administrators pay fees in full as an expense when statutory provisions did not allow for solicitors to have priority over other creditors and those entitled to claim expenses.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Buddle Findlay, Costs in English law, Solicitor, Liquidation
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    Voidable transactions – a broad interpretation
    2011-10-04

    Managh v Morrison and Ors involved an application by a liquidator to set aside a transaction pursuant to section 292 of the Companies Act 1993.  Approximately one year before liquidation the company assigned causes of action against a firm of solicitors and a real estate agent to a trust associated with the company's director.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Solicitor, Debt, Liquidation, Liquidator (law)
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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