Adjusting creditor rights against third parties during debt restructuring

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Show simple item record Harris, J 2012-10-12T03:35:27Z 2011-01
dc.identifier.citation Insolvency Law Journal, 2011, 19 (1), pp. 22 - 36
dc.identifier.issn 1039-3293
dc.identifier.other C1 en_US
dc.description.abstract Debt restructuring procedures aim to achieve a compromise between the needs of the debtor and its creditors. It is common for business to be conducted using group structures with related parties potentially exposing themselves to broad claims upon the debtor's insolvency, usually in a false hope of reparations. Enterprise groups may seek a global resolution to their disputes by proposing settlement arrangements that will address claims against the primary debtor as well as potential claims against related third parties. Recent decisions concerning the collapses of Lehman Brothers Australian and Opes Prime offer contrasting approaches to the question of whether a formal restructuring procedure (such as a scheme of arrangement or a deed of company arrangement) can include rights that creditors have against third parties. This article considers the potential scope and effect of these decisions and suggests that other mechanisms may also be available, particularly the long-standing but little used s 510 arrangement under voluntary liquidation
dc.publisher Lawbook Co
dc.title Adjusting creditor rights against third parties during debt restructuring
dc.type Journal Article
dc.parent Insolvency Law Journal
dc.journal.volume 1
dc.journal.volume 19
dc.journal.number 1 en_US
dc.publocation Australia en_US
dc.identifier.startpage 22 en_US
dc.identifier.endpage 36 en_US LAW.Faculty of law en_US
dc.conference Verified OK en_US
dc.for 180109 Corporations and Associations Law
dc.personcode 996775
dc.percentage 100 en_US Corporations and Associations Law en_US
dc.classification.type FOR-08 en_US
dc.edition en_US
dc.custom en_US en_US
dc.location.activity en_US
dc.description.keywords NA en_US
dc.description.keywords coronary heart disease, brief intervention, risk factor modification, evidence based practice, systematic review.
pubs.embargo.period Not known
pubs.organisational-group /University of Technology Sydney
pubs.organisational-group /University of Technology Sydney/Faculty of Law
pubs.organisational-group /University of Technology Sydney/Strength - Law Research
utslib.copyright.status Closed Access 2015-04-15 12:17:09.805752+10
utslib.collection.history Closed (ID: 3)

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