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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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
