Director liability for uncommercial transactions : is s 588G(1A) impotent to provide liquidators the means to seek compensation for creditors?

In the 10 years since the addition of uncommercial transactions to the table of deemed “debts incurred” in s 588G(1A) of the Corporations Act, the sub-section has arguably achieved little. This article explains why this has been so, and what needs to be done to enable this aspect of Australia’s insolvent trading laws to operate effectively and as originally intended.

The concentration of creditors: evidence from small businesses

This article examines the determinants of concentration of creditors. The empirical evidence drawn from this article supports the proposition of Bolton and Scharfstein (1996) that for negotiation reasons, high-quality borrowers tend to borrow from multiple sources and is contrary to the theoretical prediction of Bris and Welch (2005). This finding implies the existence of hold-up problems in financing small businesses where information conveyance is difficult between lenders. It is further supported by the evidence that dispersed bank relationships are associated with relationships of a longer history and a closer physical distance to lenders.

Directors' duties to creditors in Australia after spies v the Queen

In August 2000, the High Court handed down its decision in Spies v The Queen . According to most commentators, the decision ended a "quiet revolution" which had been underway since Walker v Wimborne by rejecting the suggestion that directors owe an independent duty to creditors. In this article, the writer responds to this commentary in two ways. First, by contending that the High Court's comments in Spies concerning directors' duties to creditors were merely obiter, thereby leaving open the possibility that an independent duty to creditors will be confirmed in a subsequent case. Secondly, by suggesting that if the commentary to date is correct, then the Spies decision has minimal impact in terms of creditor protection as directors' duties under the Corporations Act 2001 already provide sufficient protection for creditors.

The minimal overlap rule: restrictions on mergers for creditors’ consensus

As it is known, there is no rule satisfying additivity in the complete domain of bankruptcy problems. This paper proposes a notion of partial additivity in this context, to be called μ-additivity. We find out that this property, together with two quite compelling axioms, equal treatment of equals and continuity, identify the minimal overlap rule, introduced by O’Neill (Math. Soc. Sci. 2:345–371, 1982).

A treatise on the law and practice of voluntary assignments for the benefit of creditors: as adapted to the laws of the various states,

Mode of access: Internet.

Illinois laws relating to wage assignments, and wage deductions for the benefit of creditors /

"issued 7/83."

An appeal to the creditors of the Bank of Maryland, and the public generally,

Mode of access: Internet.

An examination of some of the provisions of the "Act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes." Passed April, 1829; particularly as to its effects on the city of New-York.

Mode of access: Internet.

Imprisonment for debt alike injurious to creditor and debtor being an essay taken from a work entitled Punishment without crime, and addressed particularly to creditors, traders, and men of property /

Mode of access: Internet.

Precedents of deeds of arrangement between debtors and their creditors; including forms of resolutions for compositions and schemes of arrangement under the Bankruptcy Act, 1883, with introductory chapters; also the Deeds of Arrangement Act, 1887, with notes.

Mode of access: Internet.

Creditors' rights in California : cases and materials /

Mode of access: Internet.