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Wardyński & Partners | Poland | 30 Jun 2022

When a debtor dies or inherits, what can a creditor do to determine what is in the estate?

One problem that can affect a creditor is the debtor’s death. Then a creditor seeking to recover a claim must in some way determine as soon as…
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Stevens & Bolton LLP | United Kingdom | 14 Apr 2022

Electronic Money Regulations 2011: Court of Appeal holds no statutory trust imposed upon funds

The Court of Appeal has held that the Electronic Money Regulations 2011 do not impose a statutory trust in respect of funds received from e-money…
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Hadef & Partners | United Arab Emirates | 31 Oct 2021

2021 Amendments to UAE Civil Procedure: Debt Recovery and Payment Orders, Dispute Resolution

UAE legislation implemented in September 2021 will apparently modify many central aspects of the court procedure applied by the UAE Courts…
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Corrs Chambers Westgarth | Australia | 8 Oct 2021

Liquidating a former trustee: what to do when there is no power to sell the assets

This week’s TGIF looks at In the matter of Gary John Anderson in his capacity as liquidator of G & G Contractors Pty Ltd (In Liquidation) [2021] FCA…
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K&L Gates LLP | United Arab Emirates | 1 Oct 2021

The United Arab Emirates clarifies previous uncertainty regarding payment orders

The Payment Order process is intended to provide an expedited way of obtaining a judgment for payment in straightforward debt cases and helps…
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Kingsley Napley | United Kingdom | 30 Sep 2021

Why the date of death matters for creditors of insolvent estates

Death does not release an individual from their debts and liabilities, nor does it allow transactions made to loved ones to escape challenge. This is…
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Kingsley Napley | United Kingdom | 30 Sep 2021

Rising from the ashes

Creditors can often confuse (i) the outlawed practice of “phoenixing” with (ii) pre-pack administrations. The former is an abuse of the privilege of…
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Herbert Smith Freehills LLP | Australia | 30 Sep 2021

Tma submissions on Australian creditors’ scheme of arrangement consultation

On 2 August 2021, the Treasury released a consultation paper seeking feedback on changes to improve creditors’ schemes of arrangement in Australia…
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Slotine | Hong Kong | 8 Aug 2021

Closing down an insolvent company without going to court

This is the last article in our series on winding-up in Hong Kong. It follows our first article on compulsory winding-up (by the court) and our…
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Oldham Li & Nie | Hong Kong, United Kingdom | 5 Aug 2021

Dissipation of Assets by Debtor - How Lumley v Gye Tort Can Assist Creditor

One of the common questions a desperate creditor would ask is whether he/ she can go after the ultimate owner/ the…
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