Bankruptcy
BM2008 Pty Ltd (in liq) v Iliopoulos [2010] FMCA 203
Bankruptcy – Creditor’s Petition – matters required by s.309(2) of the Bankruptcy Act – personal service of creditor’s petition be dispensed with.
BM2008 Pty Ltd (in liq) v Iliopoulos (No 2) [2010] FMCA 249
Bankruptcy – Creditor’s Petition – matters required by s.52(1) of the Bankruptcy Act proved – no assertion by debtor of solvency – application to dismiss or adjourn petition until after related Supreme Court appeal and/or related proceeding in Federal Court WA Registry.
Cook v Benson [2000] FCA 1777; BC200007577
Bankruptcy - application by trustee of bankrupt estate for declarations and orders in respect of payments made by bankrupt to respondents prior to date of commission of act of bankruptcy - whether each such payment was void against the trustee by force of ss120 or 121 of the Bankruptcy Act 1966 (Cth) - whether there was a disposition of property of the bankrupt within two years before the commencement of the bankruptcy and if so, whether that disposition was not in favour of a purchaser for valuable consideration - whether s116(2)(d) of the Bankruptcy Act 1966 (Cth) applied so that payments were excluded from the operation of ss120 and 121
Hicks, Re; ex p. Lamb (1994) 217 ALR 195; [1994] FCA; BC9406120
Bankruptcy – Trustee – review of decision of trustee refusing consent to bankrupt to leave Australia – Bankruptcy Act 1966 s 178 – relevant considerations
Iliopoulos v BM2008 Pty Ltd (in liq) [2010] FMCA 376; BC201003637
Bankruptcy – Application to set aside bankruptcy notice – asserted cross-demand – consideration of matters raised by cross-demand
Iliopoulos v BM2008 Pty Ltd (in liq) [2010] FCA 787
Bankruptcy - Appeal – Application to extend time for compliance with a bankruptcy notice – alleged cross-claim, set-off cross-demand arising by virtue of entitlement to share in the distribution of company surplus upon completion of a voluntary winding up – assets of corporation said to include causes of action against directors, former directors and a related company – uncertainty as to existence and potential value of causes of action – whether cross-claim, set-off, cross-demand is equal to or exceeds the judgment debt
Sheehan v Abeyratne (as trustee of the deed of arrangement of Sheehan) [1993] FCA 200; BC9304783
Bankruptcy - application by liquidator for invalidation of Part X deed of arrangement - guarantee by debtor of liability of third party mortgagor - mortgagor's liability doubtful or not proved - liquidator not permitted to vote although claiming to be a creditor - unascertained or doubtful debt - time for determining status of debt - inadequate documentation and particularisation of debt - duty of chairman - role of court - whether demand is a precondition of liability. Bankruptcy Act 1966 ss 5, 198(2), 198(4), 201, 222(1), 222(2), 236(1), 236
Sheehan, Re; ex parte Farrow Mortgage Services Pty Ltd & Ors [Pyramid Building Society][1991] FCA No 256
Bankruptcy - order under section 222(1) or 236(1)(c) of the Bankruptcy Act declaring void a deed of arrangement accepted by the creditors.
Skalkos v Australia & New Zealand Banking Group Ltd [1994] FCA 909; BC9406488
Bankruptcy - order under section 222(1) or 236(1)(c) of the Bankruptcy Act declaring void a deed of arrangement accepted by the creditors
BM2008 Pty Ltd (in liq) v Iliopoulos [2010] FMCA 203
Bankruptcy – Creditor’s Petition – matters required by s.309(2) of the Bankruptcy Act – personal service of creditor’s petition be dispensed with.
BM2008 Pty Ltd (in liq) v Iliopoulos (No 2) [2010] FMCA 249
Bankruptcy – Creditor’s Petition – matters required by s.52(1) of the Bankruptcy Act proved – no assertion by debtor of solvency – application to dismiss or adjourn petition until after related Supreme Court appeal and/or related proceeding in Federal Court WA Registry.
Cook v Benson [2000] FCA 1777; BC200007577
Bankruptcy - application by trustee of bankrupt estate for declarations and orders in respect of payments made by bankrupt to respondents prior to date of commission of act of bankruptcy - whether each such payment was void against the trustee by force of ss120 or 121 of the Bankruptcy Act 1966 (Cth) - whether there was a disposition of property of the bankrupt within two years before the commencement of the bankruptcy and if so, whether that disposition was not in favour of a purchaser for valuable consideration - whether s116(2)(d) of the Bankruptcy Act 1966 (Cth) applied so that payments were excluded from the operation of ss120 and 121
Hicks, Re; ex p. Lamb (1994) 217 ALR 195; [1994] FCA; BC9406120
Bankruptcy – Trustee – review of decision of trustee refusing consent to bankrupt to leave Australia – Bankruptcy Act 1966 s 178 – relevant considerations
Iliopoulos v BM2008 Pty Ltd (in liq) [2010] FMCA 376; BC201003637
Bankruptcy – Application to set aside bankruptcy notice – asserted cross-demand – consideration of matters raised by cross-demand
Iliopoulos v BM2008 Pty Ltd (in liq) [2010] FCA 787
Bankruptcy - Appeal – Application to extend time for compliance with a bankruptcy notice – alleged cross-claim, set-off cross-demand arising by virtue of entitlement to share in the distribution of company surplus upon completion of a voluntary winding up – assets of corporation said to include causes of action against directors, former directors and a related company – uncertainty as to existence and potential value of causes of action – whether cross-claim, set-off, cross-demand is equal to or exceeds the judgment debt
Sheehan v Abeyratne (as trustee of the deed of arrangement of Sheehan) [1993] FCA 200; BC9304783
Bankruptcy - application by liquidator for invalidation of Part X deed of arrangement - guarantee by debtor of liability of third party mortgagor - mortgagor's liability doubtful or not proved - liquidator not permitted to vote although claiming to be a creditor - unascertained or doubtful debt - time for determining status of debt - inadequate documentation and particularisation of debt - duty of chairman - role of court - whether demand is a precondition of liability. Bankruptcy Act 1966 ss 5, 198(2), 198(4), 201, 222(1), 222(2), 236(1), 236
Sheehan, Re; ex parte Farrow Mortgage Services Pty Ltd & Ors [Pyramid Building Society][1991] FCA No 256
Bankruptcy - order under section 222(1) or 236(1)(c) of the Bankruptcy Act declaring void a deed of arrangement accepted by the creditors.
Skalkos v Australia & New Zealand Banking Group Ltd [1994] FCA 909; BC9406488
Bankruptcy - order under section 222(1) or 236(1)(c) of the Bankruptcy Act declaring void a deed of arrangement accepted by the creditors
