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Searching Content indexed under Financial Restructuring by David Abernethy ordered by Published Date Descending.
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Phoenixing rising: corporate misuse of FEG sparks crackdown
The article looks at the FEG scheme cost blowout, what options are available and what approach might be most effective.
Australia
5 Jun 2017
2
Scheming and restructuring to protect creditors
This case highlights the Court's willingness to assist with the restructuring of companies to the benefit of creditors.
Australia
29 May 2017
3
Trust me: Liquidators justified in using trust funds to investigate potential claims available to trustee
A Court will consider the best interests of creditors and sanction conduct which may be of advantage to the liquidation.
Australia
8 Nov 2016
4
Hopelessly insolvent – DOCA terminated in favour of public interest
When determining if a DOCA is to be terminated, public interest can, and often will, outweigh any benefit to creditors.
Australia
20 Sep 2016
5
Court allows deed administrator to transfer shares in a company's restructure without the consent of the shareholders
Section 444GA can give effect to a company restructure to transfer shares when shareholders refuse to give consent.
Australia
10 Jan 2016
6
Pay back - deed administrator may need to pay back remuneration to satisfy costs orders
An administrator who unsuccessfully defended a proceeding may need to reinstate any remuneration previously received,
Australia
20 Dec 2015
8
DOCAs, material omissions and the spectre of bias by administrators
The Court provided guidance for administrators as to material omission or misstatement in their Section 439A Reports.
Australia
7 Sep 2015
9
DOCA extinguishes secured creditor's debt - Whether they like it or not
The DOCA had extinguished the secured creditor's debt, even though the secured creditor had abstained from voting.
Australia
19 Aug 2015
10
Creditor’s pumped up priority brings down DOCA
This decision cautions against DOCAs that prefer certain creditors, unless there is a clear benefit to all creditors.
Australia
18 Nov 2014
11
Investigation ordered into Controller’s performance of its functions and powers under s423 of the Corporations Act
The Court was easily able to order an investigation into the performance of a Controller's functions and powers.
Australia
28 Oct 2014
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