Conduct

Fury over settlement fizzles

Integra Restructuring & Insolvency principal Adam Preiner. They came like serfs granted one chance to hurl muck at their Baronial Lord. By the end of the exercise pails were empty but nothing had stuck. So at least it seemed to iNO on Monday afternoon when parties pursued by a Sydney liquidator sought to turn the tables by claiming a settlement the liquidator entered into with…


Olvera’s Gupta and Adgemis gigs under scrutiny

Olvera Advisors’ Damien Hodgkinson. Damien Hodgkinson has been in the thick of it in recent times and on Monday it showed, with the Olvera Advisors founder resisting subpoenas in the morning before submitting to a grilling in the afternoon. This is the result when an insolvency practitioner gets too close to overstretched corner cutters. Proximity becomes opportunity, which other practitioners will then exploit. In Hodgkinson’s…


Suspended trustee relieved of remaining estates

Trustee Ross Thomson It might seem like trustees in good standing with Tim Beresford are thin on the ground but unless the Inspector General in Bankruptcy (IGB) intends to further burden the Official Trustee’s workforce then Beresford will soon be farming out a swathe of estates to private practitioners thanks to Justice Darren Jackson of the West Australian division of the Federal Court. “…. her…


Albarran’s excellent IA adventure

Hall Chadwick’s Richard Albarran. Stewart Wilkinson of Blackbird First Mortgage Corporation is a lucky man. There’s not too many lenders who can so consistently obtain consents from Hall Chadwick’s head partner Richard Albarran, the force behind Hall Chadwick’s global expansion. Nevertheless it’s almost as if when Blackbird calls, Albarran, like an ardent suitor appears, frequently to take the role of receiver over assets pledged by…


Jilted proponent sues as VA abandons recommendation

Cor Cordis Perth partner Tom Birch. Recommendations as to DoCA proposals are odd phenomena, seemingly existing only to fulfil the requirements of S439A. Beyond that they’re ephemera, to be disowned the moment creditors reject an administrator’s choice, as events in the saga of Mine & Rail Company Pty Ltd (MRC) usefully illustrate. ” .. counsel for Tacora identified several matters which may provide a basis…


Blackbird borrower wins restraints on receivers, VAs

Hall Chadwick’s Richard Albarran. Why would a prominent insolvency practitioner with an eye for value threaten to sell an operational charter vessel for peanuts? That’s one of the questions the operators of Kimberley Pearl Tours Pty Ltd (KPT) posed earlier this year when they went to the Federal Court to challenge various aspects of their arrangements with their lender Blackbird Private Equity Pty Ltd, the…


Liquidator sues lawyer over dismal documents

O’Brien Palmer’s Daniel Frisken. Whatever remained of any referral relationship that may have existed between Daniel Frisken and former Madison Marcus (MM) partner Gerard Breen breathed its last on June 9. On that day lawyers acting for the O’Brien Palmer partner filed a statement of claim against Breen seeking damages in relation to the drafting of documentation for the E K Recruitment Pty Limited deed…


Ex-Adgemis trustees issued with show cause

WLP Restructuring Scott Pascoe. WLP Restructuring partner Ben Ho. The former controlling trustees of bankrupt deal maker Jon Adgemis could be stripped of their registrations after being issued with show cause notices by the Inspector General in Bankruptcy (IGB). “The Australian Financial Security Authority (AFSA), led by the Inspector‑General in Bankruptcy, has issued show cause notices to a number of registered trustees regarding concerns about…


Receiver’s ripper return didn’t satisfy beneficiary

Deloitte’s David Mansfield. It should be impressed upon young accounting and finance types contemplating a career in insolvency that they should abandon all hope of ever receiving an accolade from a grateful creditor. In the game they’ve chosen to play, thankless silence is a ticker tape parade. “What’s in issue is the level of attention to detail, the staff and title of the staff recorded…


Ark Capital VAs deny “improper purpose” allegation

Olvera Advisors’ Neil Cussen. Olvera Advisors’ Tony Wright. According to documents filed in the NSW Supreme Court Neil Cussen and Tony Wright will be expecting a judge to find them without sin when their application for validation of their appointments as voluntary administrators (VA) of Ark Capital Partners (ACP) comes before the court later today. With money short and the next Ark employee wages bill…