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Court-appointed receivers typically assume control over all of a debtor's property, including the debtor's leased equipment. The receivership order will also typically grant the receiver a priority charge over the debtor's assets in order to secure the receivers' fees and other costs. This is sometimes a point of contention with equipment financiers who would rather have their equipment excluded from the receivership.
In the recent case of Integris Credit Union v. Mercedes-Benz Financial Services Canada Corporation (Integris), 2016 BCCA 231, the British Columbia Court of Appeal rendered a decision that supports the ability of certain equipment financiers to avoid being subjected to the costs of certain receiverships. This article briefly summarizes the decision and its implications for equipment financiers.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.