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Fox Mandal | India | 22 Jun 2022

Inter-Se Priority Among Secured Creditors in Liquidation - A Judicial Dichotomy

The Insolvency and Bankruptcy Code, 2016 (“IBC”/”Code”) came into force on 28th May, 2016 with the primary objective of consolidating and amending the…
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Michael Best & Friedrich LLP | USA | 21 Jun 2022

Liquidation Preferences: The Reality Behind the Zone of Indifference

As the venture capital sector slows down, valuations and deal sizes are pulling back from the recent record highs. Seemingly, “investor friendly” deal…
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Peckar & Abramson PC | USA | 6 Jun 2022

A Brief Discussion - Liquidating Agreements

During a construction project, it is not uncommon for disputes to arise between a general contractor and a subcontractor. Frequently, these disputes…
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Corrs Chambers Westgarth | Australia | 27 May 2022

Non-party creditor ordered to pay portion of liquidators’ legal costs

Ms Barnet and Mr Hodgkinson were appointed liquidators of a fintech start-up business, Spitfire Corporation Ltd (in liq) and its subsidiaries…
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King & Wood Mallesons | Australia | 27 May 2022

Adjudicating bulk claims? Forex it!

Faced with thousands of complex potential claims from creditors, and a soon-to-expire letter of comfort, the liquidators of Forex Capital Trading Pty…
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Corrs Chambers Westgarth | Australia | 6 May 2022

Can oppression relief still be extracted in liquidation?

Aqua Botanical Beverages (Australia) Pty Ltd (In Liquidation) (the Company) was established to sell water extracted from fruit and vegetables using…
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Herbert Smith Freehills LLP | Australia | 19 Apr 2022

Nobody expects the inquisition: High Court of Australia opens the door to extraordinary public examination powers to potential class action plaintiffs and beyond

In its recent decision in Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3 (Walton), the High Court of…
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Gadens | Australia | 31 Mar 2022

Setting off on the wrong foot: creditors are now unable to rely on statutory set-off to defend an unfair preference claim by a liquidator

In a special question reserved for consideration, the Full Federal Court considered whether statutory set-off under s 553C(1) of the Corporations Act…
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Brouse McDowell | USA | 24 Mar 2022

Business Blog Featuring Cascade Partners: Liquidity Events Dialogue - Part 2

In this blog mini-series, we continue our dialogue exploring liquidity events and strategies for optimization with Cascade Partners’ Director, Arjun…
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Fox Williams LLP | United Kingdom | 1 Mar 2022

Direct(or) responsibility: 10 ways a director could be held personally liable in 2022

A recently published case has shone a new light on the well-known fact of English company law - that a company has its own legal personality and is…
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