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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Rocco Russo ordered by Published Date Descending.
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Administrators and liquidators must take information requests seriously: Cost consequences for non-compliance
This is practical guidance for external administrators in responding to information requests from creditors and others.
Australia
12 Apr 2019
2
Serving a creditors statutory demand on a company where you are a director
Recovering debts from a company as a director can be a complicated process that needs to be carefully considered.
Australia
9 Mar 2019
3
Liquidators recover unfair preference payments from retention of title secured creditor
This case is a good illustration of what creditors and liquidators should consider when it comes to preference payments.
Australia
22 Jun 2018
4
Creditor defeats unfair preference claim by liquidator
It is prudent to be circumspect in your written communications because a liquidator may try to use them against you.
Australia
8 Jun 2018
5
Insolvency insights: Using the section 553C set-off to reduce unfair preference claims
A claim for set-off is not available if, at the time of giving credit to the company, the person knew of the insolvency.
Australia
25 Apr 2018
6
s588 Corporations Act: Unfair preferences – creditors defence of not suspecting insolvency.
When a liquidator demands payment for an alleged unfair preference, the creditor does not always need to pay up.
Australia
20 Dec 2017
7
Insolvency insights: Ipso facto clauses – is there still time to ramp up your contract so you can terminate for insolvency events?
Commercial contract managers should review all existing contracts now, to protect their legitimate commercial interests.
Australia
16 Oct 2017
8
PPSA: NSW Court of Appeal decides on fixtures argument in US$44million PPSA case
The Court dismissed an appeal because of a failure to register on the Personal Property Securities Register (PPSR).
Australia
20 Feb 2017
9
Insolvency insights: Proposed outlawing of ipso facto termination clauses
We discuss the voiding of ipso facto clauses relating to insolvency events.
Australia
9 Oct 2016
10
Insolvency insights: The safe harbour proposal for directors will not protect against all storms
This bulletin discusses the reform of the proposed 'safe harbour' for directors from the insolvent trading provisions.
Australia
16 Sep 2016
11
Business debt collection: what are my legal options when a customer won't pay?
The right option to recover your business debts will depend on the circumstances, so it is important to get good advice.
Australia
17 Aug 2015
12
Unsecured creditor gets better financial return by taking active role in liquidation process
When liquidators are appointed, unsecured creditors are not often interested in the process and assume all is lost.
Australia
23 Aug 2013
13
ATO Flexes Its Debt Collection Muscle
If a company does not pay an amount claimed in a statutory demand within 21 days, the company is presumed to be insolvent. This presumption can be relied upon to wind the company up.
Australia
17 Oct 2008
14
Are Redeemable Preference Shareholders Creditors?
In Heesh v Baker [2008] NSWSC 711, the New South Wales Supreme Court considered whether the holders of redeemable preference shares could be “creditors” for the purposes of Part 5.3A of the Corporations Act 2001 (the Act).
Australia
3 Oct 2008
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