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    New risks and rewards for licensors and licensees in BIA/CCAA amendments
    2010-02-08

    On September 18, 2009, after years of Parliamentary delay dating back to 2005, wide-ranging amendments to Canada’s Companies’ Creditors Arrangement Act (CCAA) and Bankruptcy and Insolvency Act (BIA) (the “Amendments”) came into force, providing, among other things, new protections for licensees of intellectual property.

    It is important to note that the Amendments only apply in the CCAA restructuring and BIA proposal context, and not to conventional bankruptcies or receiverships.

    Filed under:
    Canada, Insolvency & Restructuring, Intellectual Property, Norton Rose Fulbright, Bankruptcy, Debtor, Waiver, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Evan Cobb , Brad Newman
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    427 Bank Act security v. Livery Stable Keepers Act
    2009-10-20

    TD Bank v. Dunn-Rite Cattle Corp. [2009] A.W.L.D. 2075; 2009 ABQB 227 (Alta. Q.B.), on hearing of issue from (2006) 26 C.B.R. (5th) 1 (Alta. C.A.)

    The master granted TD priority to the subject cattle ahead of the Dunns’ lien pursuant to the since repealed Livery Stable Keepers Act. The Dunns appealed to the Alberta Court of Appeal, which allowed the appeal and because of sparse evidence, directed the matter of priority be heard by the Court of Queen’s Bench.

    Filed under:
    Canada, Alberta, Banking, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Debtor, Waiver, Bank Act 1991 (Canada), Court of Appeal of Alberta
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Solicitor and client privilege in bankruptcy - revisited and affirmed
    2008-09-30

    In Ultra Information Systems Canada Inc. v. Pushor Mitchell LLP (2008 Carswell BC 1537 (B.C.S.C.)), one of the corporate Defendants had become bankrupt. There was an issue as to whether some of the bankrupt Defendant’s production documents were privileged. The Court considered whether the Trustee in Bankruptcy could waive the previously claimed solicitor and client privilege and therefore produce the documents.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Legal Practice, Litigation, Dentons, Bankruptcy, Waiver, Solicitor, Limited liability partnership, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Dentons
    How rights of preferred stockholders are affected by insolvency plan proceedings – Garant
    2010-07-09

    The German Federal Civil Court (BGH) in its decision of 15 April 2010 (IX ZR 188/09) clarified the legal position of holders of preferred stock in insolvency plan proceedings.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Share (finance), Legal personality, Shareholder, Debtor, Dividends, Waiver, Liability (financial accounting), Liquidation, Joint-stock company, Preferred stock
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Forgiveness of distressed debt in Europe
    2009-03-31

    Tax treatment in the hands of the creditor

    If a creditor waives an intra-group receivable, this leads to an accounting loss in the amount of the receivable. Such loss, however, is not automatically tax-deductible in the hands of the creditor.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Bird & Bird LLP, Share (finance), Shareholder, Debtor, Security (finance), Waiver, Accounts receivable, Taxable income, Debt, Liability (financial accounting), Tax deduction, Fair market value, Distressed securities, Bénéfice, GAAP
    Authors:
    Arnoud Knijnenburg , Pieter Camps
    Location:
    Germany
    Firm:
    Bird & Bird LLP
    Compulsory winding-up of companies in Guernsey
    2018-07-16

    The memorandum has been prepared on the basis of the law and practice in Guernsey as at 1 April 2010.

    Introduction  

    Filed under:
    Guernsey, Insolvency & Restructuring, Ogier, Contractual term, Share (finance), Shareholder, Waiver, Limited liability company, Debt, Liability (financial accounting), Liquidation, Annual general meeting, Guernsey Financial Services Commission
    Location:
    Guernsey
    Firm:
    Ogier
    Supreme Court relieves borrowers from tax on waiver of principal portion of loan
    2018-05-04

    In the recent case of Commissioner v Mahindra and Mahindra Limited (Judgment) [Civil Appeal Nos. 6949-6950 of 2004], a division bench of the Supreme Court of India (SC) has ruled that waiver of principal portion of loan (which was taken for capital account transaction) by a creditor is not taxable in borrower’s hands under section 28(iv) or section 41(1) of the Income-tax Act 1961 (Act). Taxability of loan waiver has been a matter of debate and the relevant provisions under normal income-tax computation provide as under:

    Filed under:
    India, Insolvency & Restructuring, Litigation, Tax, Khaitan & Co, Waiver, Income-Tax Act 1961 (India), Supreme Court of India
    Authors:
    Vinita Krishnan , Raghav Kumar Bajaj , Ishita Khare
    Location:
    India
    Firm:
    Khaitan & Co
    Restructuring in Italy
    2010-10-05

    Traditionally in Italy the financial distress of a corporation was treated in a very strict way through proceedings aimed at the dissolution of the company, the sale of its assets and the replace of the directors with commissioners appointed by Public Bodies.

    Indeed, should the enterprise become insolvent (i.e. not able to regularly pay its debts), it was unavoidably destined to be declared under bankruptcy or be put into extraordinary administration, a special form of insolvency procedure dedicated to the largest companies and aimed at preserving the workforce.

    Filed under:
    Italy, Insolvency & Restructuring, Portolano Cavallo Studio Legale, Bankruptcy, Dividends, Waiver, Accounts receivable, Debt, Capital punishment
    Authors:
    Manuela Cavallo , Pietro Masi
    Location:
    Italy
    Firm:
    Portolano Cavallo Studio Legale
    Restructuring under Italian law
    2010-05-26

    Traditionally in Italy the financial distress of a corporation was treated in a very strict way through proceedings aimed at the dissolution of the company, the sale of its assets and the replace of the directors with commissioners appointed by Public Bodies. Indeed, should the enterprise become insolvent (i.e. not able to regularly pay its debts), it was unavoidably destined to be declared under bankruptcy or be put into extraordinary administration, a special form of insolvency procedure dedicated to the largest companies and aimed at preserving the workforce.

    Filed under:
    Italy, Insolvency & Restructuring, Portolano Cavallo Studio Legale, Contractual term, Bankruptcy, Dividends, Waiver, Accounts receivable, Debt, Welfare
    Authors:
    Manuela Cavallo , Pietro Masi
    Location:
    Italy
    Firm:
    Portolano Cavallo Studio Legale
    Scheme of arrangement/reduction of capital
    2010-04-21

    In the matter of a Representation by Computer Patent Annuities Holdings Limited and in the matter of Part 18A of the Companies (Jersey) Law 1991 [2010]JRC021

    Introduction

    This case, heard by the Royal Court in Jersey, involved the approval of a scheme of arrangement pursuant to Article 125 of the Companies (Jersey) Law 1991 (the "Companies Law"), together with the confirmation of a reduction of share capital.

    Background

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Bedell Cristin, Shareholder, Waiver, Consideration, Good faith, Preferred stock, Coercion
    Location:
    Jersey
    Firm:
    Bedell Cristin

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