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    Is disclaimer effective to rid a company of its environmental obligations?
    2017-06-29

    This question arose in Queensland recently in Linc Energy Ltd (in liq): Longley & Ors v Chief Executive Dept of Environment & Heritage Protection.  The Supreme Court of Queensland found that the liquidators of Linc Energy were not justified in causing the company not to comply with an environmental protection order that required the company to maintain equipment that the liquidators had disclaimed.

    Filed under:
    New Zealand, Environment & Climate Change, Insolvency & Restructuring, Litigation, Buddle Findlay, Unsecured debt, Environmental protection, Liquidation, Corporations Act 2001 (Australia), Queensland Supreme Court
    Authors:
    Matthew Triggs , Peter Niven , David Perry , Willie Palmer , Scott Barker , Kelly Paterson , David Broadmore , Myles O'Brien , Bridie McKinnon , Jan Etwell , Scott Abel , Susan Rowe
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Further amendments to Spanish Insolvency Act now effective
    2014-09-17

    On September 5, 2014, Spain enacted urgent measures to facilitate restructurings and avoid the insolvency of companies that, under the previous regime, might have been forced to enter into an insolvency process ("RDl 11/2014"). RDl 11/2014 modifies several provisions of the Spanish Insolvency Act (the "Act"). The objective of the reform is to improve the legal framework that governs voluntary arrangements between creditors and the sale of distressed businesses outside of insolvency by removing obstacles that have previously impeded the successful reorganization of insolvent companies.

    Filed under:
    Spain, Insolvency & Restructuring, Jones Day, Unsecured debt
    Authors:
    Juan Ferré , Stephanie Tyler
    Location:
    Spain
    Firm:
    Jones Day
    New regulatory developments for bankruptcy proceedings
    2013-03-15

    Customisation of court proceedings
    Pre-trial sanation
    Permission to join ongoing bankruptcy proceedings
    Secured creditors' claims

    Filed under:
    Ukraine, Insolvency & Restructuring, Asters, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Secured creditor
    Authors:
    Andriy Pozhidayev , Anna Tkachova
    Location:
    Ukraine
    Firm:
    Asters
    Secured creditors have lost certain privileges under Bankruptcy Law
    2011-10-21

    On 22 September 2011, the Parliament of Ukraine adopted the Law of Ukraine No. 3795-VI “On Amendments to Several Legislative Acts of Ukraine regarding the Regulation of Legal Relations between Creditors and Receivers of Financial Services” (the “Law”). The Law, among other changes, introduced amendments to the Law of Ukraine “On Restoring Debtor’s Solvency or Recognising it Bankrupt”, No. 2343-XII, dated 14 May 1992, as amended (the “Bankruptcy Law”).

    Filed under:
    Ukraine, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Bankruptcy, Debtor, Unsecured debt, Default (finance), Computer program, Bankruptcy discharge, Commercial Court (England and Wales)
    Authors:
    Adam Mycyk , Taras Burhan
    Location:
    Ukraine
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Company voluntary arrangements (CVAs)
    2012-11-28

    Empty units, falling yields and the spectre of tenant defaults are increasingly common issues that landlords have had to face in the current recession. To add to this landlords have also had to confront a number of high profile CVAs including JJB Sports (twice), Blacks Leisure, Stylo Group, Focus DIY, Fitness First and Travelodge to name a few.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Stephenson Harwood LLP, Shareholder, Unsecured debt, Debt, Liquidator (law), Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Stephenson Harwood LLP
    MF Global UK update
    2012-09-18

    This update highlights developments in the administration of MF Global UK (“MFG”) since our last alert dated 15 June 2012.

    Estimated outcomes

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Davenport Lyons, Unsecured debt
    Authors:
    Robin Henry
    Location:
    United Kingdom
    Firm:
    Davenport Lyons
    Landlords - fasten your seat belts
    2012-07-25

    Whether rent due should be treated as an insolvency expense (paid in preference to unsecured creditors and the insolvency practitioner's fees/expenses) remains controversially topical. With the economic recovery being more of a marathon than a sprint, and more insolvencies anticipated, both landlords and insolvency practitioners (IP) are calling for greater clarity over when rent is an insolvency expense and over what period.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Penningtons Manches Cooper LLP, Unsecured debt, Landlord
    Authors:
    Maddie McVeigh
    Location:
    United Kingdom
    Firm:
    Penningtons Manches Cooper LLP
    Regulator's statement on its approach to FSDs in insolvency situations provides little comfort for insolvency practitioners or lenders
    2012-07-27

    The Pensions Regulator has issued a statement setting out its approach to Financial Support Directions in insolvency situations.  It follows the Court of Appeal's decision in Bloom v The Pensions Regulator (Nortel) in October 2011 that a liability arising from a Financial Support Direction (FSD), or a contribution notice (CN), issued to a company in administration or liquidation will, except in very limited circumstances, amount to an expense of that administration or liquidation.  As such, it will rank very highly in the payment priority order, in particular rank

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Herbert Smith Freehills LLP, Unsecured debt, Debt, Liability (financial accounting), Defined benefit pension plan, The Pensions Regulator (UK)
    Authors:
    Daniel Schaffer , Ian Gault , Alison Brown , Roderick Morton , Naveed Soomro
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The Pensions Regulator’s statement on FSDs and insolvency, and other pensions developments
    2012-08-15

    In this August edition of the Pensions E-Bulletin, we look at the Pensions Regulator’s statement on its approach to financial support directions (FSDs) in insolvency situations, the shortened guidance on incentive exercises issued by Pensions Regulator following the publication of the industry code of good practice as well as noting the updated guidance on multi-employer scheme departures and the consultation by the Takeover Panel on proposals relating to pension scheme trustees. 

    FSDs and insolvency – the Regulator’s statement

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Shepherd and Wedderburn LLP, Unsecured debt, The Pensions Regulator (UK)
    Authors:
    Andrew Holehouse , Louisa Knox , Edwin Mustard
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    De-facto directors: Case 2: F Options Limited: Who is actually in charge?
    2012-06-08

    The recent case of F Options Ltd v Prestwood Properties Ltd concerned the setting aside of a transaction as a preference under section 239 of the Insolvency Act 1986.

    A preference arises when a company's creditor is put in a better position than they would otherwise have been in the event of the company's insolvency. Transactions may be a preference whether or not the parties are connected, but where it can be shown that there is a connection within section 249 of the Insolvency Act 1986, two important advantages are gained:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Unsecured debt, Board of directors, Insolvency Act 1986 (UK)
    Authors:
    Laura Thornton
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP

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