preferences

To trust creditors, or to all – that is the question

In all the excitement surrounding the Kilarnee and Amerind cases, similar questions about rights of indemnity and exoneration as they apply to trustees have been somewhat overlooked in the bankruptcy context, but the issues have been ventilated, most recently in Lane (Trustee), in the matter of Lee (Bankrupt) v Commissioner of Taxation (No 3) [2018] FCA 1572 (19 October 2018). This one involves a preference paid…

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