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    Beware the costs of preparatory compliance with liquidators' disclosure orders
    2016-12-13

    The liquidators of two Cayman Island companies obtained orders under s 195(3) of the Bermudan Companies Act 1981 for PwC, as the companies' auditor, to provide information and documents to the liquidators. PwC decided to appeal but, in the meantime, did US$250,000 of preparatory work necessary to enable compliance, if required, with the orders.

    As a result of the appeal, both orders were set aside. In PricewaterhouseCoopers v SAAD Investments Co Ltd & Anor (Bermuda) PwC applied to recover from the liquidators the costs of preparing to comply with the orders.

    Filed under:
    Bermuda, Cayman Islands, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Stay of execution
    Authors:
    Myles O'Brien , Susan Rowe , Bridie McKinnon , Scott Abel , Kelly Paterson , Willie Palmer , Scott Barker , David Perry , Peter Niven , Jan Etwell
    Location:
    Bermuda, Cayman Islands, New Zealand
    Firm:
    Buddle Findlay
    Canadian insolvency proceedings of Pacific Exploration & Production Corporation recognised as main proceedings by Colombia and US Bankruptcy Court
    2016-09-28

    Pacific Exploration & Production Corporation ("the Company"), a Canadian public company who explore and produce natural gas and crude oil with operations focused in Latin America. In April 2016, the Company obtained an initial order from the Ontario Superior Court for protection under the Companies' Creditors Arrangement Act for the restructuring of the Company.

    Filed under:
    Canada, Colombia, USA, Insolvency & Restructuring, Litigation, Ashfords LLP, Public company, Letter of credit, Debtor, Natural gas, Stay of execution, Title 11 of the US Code, United States bankruptcy court, Ontario Superior Court of Justice
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    Canada, Colombia, USA
    Firm:
    Ashfords LLP
    Essar Steel Algoma Inc. (Re): Determining Appeal Procedure in CCAA proceeding
    2016-08-10

    In Essar Steel Algoma Inc. (Re), Justice David Brown of the Ontario Court of Appeal held that the ambit of orders “made under” the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36 (the “CCAA”), and thus requiring leave to be appealed, is broad. Though concluding that the appellant in this case required leave to appeal, he nonetheless ordered the leave motion be expedited.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, Stay of execution, Court of Appeal of England & Wales, Court of Appeal for Ontario, Court of Appeal of Alberta
    Authors:
    Mark A. Gelowitz
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Stay of execution and impact of insolvency
    2017-08-01

    Key points

    Filed under:
    France, Insolvency & Restructuring, Litigation, Taylor Wessing, Stay of execution
    Authors:
    Amy Patterson
    Location:
    France
    Firm:
    Taylor Wessing
    PROMESA Shields Puerto Rico Behind a New Automatic Stay
    2016-07-21

    On June 30, 2016, President Obama signed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)[1] into law. A copy of the Act can be found here.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Bryan Cave Leighton Paisner (Bryan Cave), Bond (finance), Bankruptcy, Letter of credit, Debtor, Commodity broker, Economy, Exclusive jurisdiction, Stay of execution, Municipal bond, Title 11 of the US Code
    Location:
    Puerto Rico, USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Application for leave to continue action against an insolvent defendant: A balancing act
    2016-06-30

    A case study of W Y Steel Construction Pte Ltd v Tycoon Construction Pte Ltd (in liquidation) [2016] SGHC 80

    Overview

    Filed under:
    Singapore, Construction, Insolvency & Restructuring, Litigation, Dentons, Costs in English law, Unsecured debt, Breach of contract, Debt, Subcontractor, Liquidation, Liquidator (law), Stay of execution, High Court of Justice (England & Wales)
    Authors:
    Kirindeep Singh
    Location:
    Singapore
    Firm:
    Dentons Rodyk
    The importance of being earnest: buying assets from a court-appointed receiver
    2009-09-30

    If you are interested in submitting a bid to buy assets from a Court appointed receiver in Ontario and there is a Court approved sales process, then it is important to submit your bid as part of that Court approved sales process. A bid tendered outside the sales process time line and procedure (even if it turns out to be the highest bid) will generally end up being a losing bid.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Standing (law), Fair market value, Stay of execution, Call for bids, Royal Bank of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Insolvency of contractors - technical and insolvency-based challenges regarding enforcement of adjudicators’ awards
    2011-01-21

    A late October 2010 case Straw Realisations v Shaftsbury House illustrates the courts’ approach to technical and insolvency-based challenges regarding enforcement of adjudicators’ awards. Given the current spate of contractor insolvencies and popularity of adjudication, any trust facing an adverse adjudicator's decision in favour of its contractor should not pay without due consideration.

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Mills & Reeve LLP, Consideration, Capital punishment, Stay of execution, High Court of Justice (England & Wales)
    Authors:
    Paul Slinger
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    Adjudication enforcement and insolvency
    2010-12-22

    A late-October 2010 case on adjudication illustrates the courts' approach to technical and insolvency-based challenges regarding enforcement of adjudicators' awards.

    Haymills (Contractors) Ltd went into administration in August 2009 having already won one adjudication against its employer, Shaftsbury, and having just commenced another, which it subsequently also won. Given Haymills' administration, Shaftsbury refused to pay the amounts awarded in either adjudication, relying on numerous heads to resist payment:  

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Mills & Reeve LLP, Breach of contract, Capital punishment, Stay of execution
    Authors:
    Paul Slinger
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    Mead General Building Ltd v Dartmoor Properties Ltd
    2009-03-04

    Company Voluntary Arrangements or CVA’s

    Mead sought to enforce an adjudicator's decision of £332k. Dartmoor resisted on the basis that, as Mead was subject to a CVA, a stay should be granted on any judgment otherwise awarded to Mead. Mr Justice Coulson refused. There was no previous authority dealing with the point, but the Judge decided the following principles were relevant:  

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, Consideration, Capital punishment, Stay of execution
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors

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