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    Business continuity: transfer of business
    2009-06-19

    As discussed in our previous update, the Business Continuity Act of 31 January 2009 (the “Act”) provides for various options to facilitate business recovery. One such option is the court-supervised sale of (all or part of) the debtor’s business.

    The introduction of the court-supervised sale is an important development. Such sales are likely to become a popular option under the Act for two reasons.

    Filed under:
    Belgium, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Debtor, Business continuity, Volunteering
    Authors:
    Stan Brijs
    Location:
    Belgium
    Firm:
    NautaDutilh
    Calculating mortgagee's priority amounts under deed of priority
    2011-10-04

    In our October 2010 insolvency legal update, we reviewed the case of South Canterbury Finance Ltd v Nielsen, where the Court found in favour of second mortgagee, SCF, on the interpretation of a deed of priority.  That case was appealed successfully to the Court of Appeal by the first mortgagee, ASB.  This update provides a brief review of the Court of Appeal's reasoning.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, Statutory interpretation, Deed, Volunteering, Court of Appeal of England & Wales
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Civil Law (Miscellaneous Provisions) Act 2011 introduces a number of important reforms
    2011-08-04

    The Civil Law (Miscellaneous Provisions) Act 2011 was signed into law by the President on 2 August 2011.  The Act provides for certain provisions, concerning private security services, bankruptcy and family mediation services, to come into operation on such days as the Minister for Justice and Equality, by order, appoints. All other provisions of the Act came into force on 2 August.

    The Act introduces a number of important reforms across a broad range of areas, including:

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, A&L Goodbody, Bankruptcy, Solicitor, Negligence, Bad faith, Conveyancing, Gross negligence, Volunteering, Freedom of Information Act 2000 (UK)
    Location:
    Ireland
    Firm:
    A&L Goodbody
    High Court sets aside a deed of release that had been executed by mistake
    2008-10-15

    In the case of Andrew Fender v National Westminster Bank PLC Judge Purle QC set aside a deed of release that had been executed in the mistaken belief that the company was no longer indebted to the bank.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Debt, Deed, Secured creditor, Capital punishment, Unsecured creditor, Volunteering, NatWest, Trustee, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Involuntary Bankruptcy Primer Part I: Understanding the Oft Ignored Involuntary Bankruptcy Petition (with Bankruptcy Cave Embedded Briefs for Your Use!)
    2016-08-30

    Editor’s Note: This is a new one for us at The Bankruptcy Cave. We are starting a series of primers, covering a narrow range of law but with more depth than just “here’s a recent case.” And also, we have our first edition of “The Bankruptcy Cave Embedded Briefs” – top quality briefs on a certain issue, feel free to download to your own form files or come back and grab ’em when you need ’em. Let us know what you think – we are always trying to improve things around here for our readers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Debt, Standing (law), Liability (financial accounting), Good faith, Bad faith, Volunteering, Title 11 of the US Code, Trustee
    Authors:
    Bradley J. Purcell
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Involuntary Bankruptcy Primer Part I: Understanding the Oft Ignored Involuntary Bankruptcy Petition (with Bankruptcy Cave Embedded Briefs for Your Use!)
    2016-08-30

    Editor’s Note: This is a new one for us at The Bankruptcy Cave. We are starting a series of primers, covering a narrow range of law but with more depth than just “here’s a recent case.” And also, we have our first edition of “The Bankruptcy Cave Embedded Briefs” – top quality briefs on a certain issue, feel free to download to your own form files or come back and grab ’em when you need ’em. Let us know what you think – we are always trying to improve things around here for our readers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Debt, Standing (law), Liability (financial accounting), Good faith, Bad faith, Volunteering, Title 11 of the US Code, Trustee
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    High Court sets aside a deed of release that had been executed by mistake
    2008-10-15

    In the case of Andrew Fender v National Westminster Bank PLC Judge Purle QC set aside a deed of release that had been executed in the mistaken belief that the company was no longer indebted to the bank.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Debt, Deed, Secured creditor, Capital punishment, Unsecured creditor, Volunteering, NatWest, High Court of Justice, Trustee
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
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