Subscribe: Insolvency Law Journal
http://law.wlu.edu/library/databases/feeds/journals/jnl1224.xml
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
companies  insolvency  law  legislation  liability  march  number march  number  obligations  united states  united  volume number  volume 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: Insolvency Law Journal

Insolvency Law Journal



Volume 15, Number 1, March 2007



Published: Wed, 28 Feb 2007 11:26:49 EST

 



EDITORIAL

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.5



ARTICLES

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007



Hip-pocket injuries in workouts: Accessory liability for bankers and advisers

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.6
There is a trend for banks and other financiers, and advisers, to participate in informal workout arrangements for large corporate groups in financial difficulty. The potential liability of such participants is not governed by a separate chapter of the law. This article reviews their liability risks under several categories. Primary attention is given to the liability of de facto and shadow directors for breach of duty of care and diligence and for insolvent trading, and some important differences between Australian and United Kingdom legislation are noted. In the absence of compelling authorities, the facts of first instance cases are used to identify the key ingredients leading to classification of the financier or adviser as a director. Liabilities arising out of involvement in misleading conduct, or involvement in failure to make market disclosure (where the company is listed), are also noted.



Managing commercial distress: Discharging obligations of disclosure

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.23
Listed public companies in financial distress have ongoing obligations under the continuous disclosure regime that requires the publication of information about the company that is not generally available, but which would have a material effect on their share price. Breaches of those obligations have implications for both companies such as Sons of Gwalia and other persons who are involved. This article explores the content of the regime and how compliance with it might be managed, particularly by a financially troubled company. Where such companies are seeking to restructure their affairs, a tension will exist between the need for that compliance and maintaining relationships with suppliers and other creditors.



A new era in United States cooperation in international insolvency administrations?

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.35
Cross-border insolvency laws are increasingly being influenced by the UNCITRAL Model Law on Cross-border Insolvency provisions. The United States has recently enacted domestic legislation based on these provisions by way of Ch 15 of the Bankruptcy Abuse Prevention and Consumer Protection Act 2005, which inserted Ch 15 into USC, Title 11. This article briefly explains the provisions of this United States legislation and draws attention to the important case law commenting and explaining same. It further attempts to alert local practitioners to the changes, benefits and detriments they may encounter when acting pursuant to this legislation.



RECENT DEVELOPMENTS -- Dr David Morrison

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007



Solving the issue of solvency

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.56



Determining insolvent trading

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.58



Acquiring patent rights when the patent licensee is in liquidation

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.61



Management agreements and insolvent companies

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.63



REPORT FROM NEW ZEALAND -- Lynne Taylor

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007



Enforcement of directors' duties by creditors in a liquidation: Sojourner v Robb [2006] 3 NZLR 808

Wed, 28 Feb 2007 11:26:49 EST

Volume 15, Number 1, March 2007 p.69