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Insolvency Abuse of Process

Walkers

Cayman Court stands firms against delay tactics in insolvency dispute

Walkers on

The petition debt must be disputed on substantial grounds. It is an abuse of process to use the winding up court as a debt collection agency. If the Court is to accede to an application to restrain a winding-up petition,...more

BCLP

The Hong Kong approach where debtors lodge a petition for their own bankruptcy - how to prevent abuse of process

BCLP on

If a person presents a petition for their own bankruptcy (“self-petition”), are there any safeguards to ensure that the self-petition is genuine, as opposed to a cynical device by the person to buy themselves time to pay, or...more

Bennett Jones LLP

Not Just Linear Property Tax Priorities: Alberta Court of Appeal on Abuse of Process and Mootness

Bennett Jones LLP on

In a recent Bennett Jones Update—Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty—we discussed three recent decisions of the Court of Queen's Bench of Alberta that had addressed the question of...more

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