Insolvency Guardian Media Centre

Stay informed with the latest in insolvency news and industry updates. We can keep you up to date with insolvency and finance information from around the world.
Dick Smith falls out of ASX200 S&P Dow Jones made a statement on Friday regarding the Dick Smith’s future in
Macquarie Bank cops criticism for ‘get rich quick’ pitches The bank is the target of customer backlash for allegedly failing
100 franchisees show interest in legal action against 7-Eleven The lawyer in charge of preparing the class action has confirmed
Everyone has heard of sexually transmitted diseases, but in this liberated world in which we live, financial advisers
Insolvency Commencement Appointment of a liquidator Priority Onerous property and unprofitable contracts Set-off Challengeable transactions Misfeasance Debt restructuring schemes Accreditation
Insolvency Commencement Appointment of a liquidator Priority Onerous property and unprofitable contracts Set-off Challengeable transactions Misfeasance Debt restructuring schemes Accreditation
Video will begin in 5 seconds. More video Recommended Replay video California shooting: 14 dead, multiple shooters Police and FBI
MUMBAI: A number of infrastructure companies, including some major private players, are looking to sell masala bonds, as they seek
Lewis Hamilton might have won the title but Nico Rosberg ended 2015 as the man in frontThe Formula 1 season
Related Story: Forest contractors may face bankruptcy over Gunns liquidators legal action Australia's peak forest contractor lobby
Guaranteeing part of your offspring's home loan can help them get onto the property ladder. The Insolvency Service's "Village of

Dick Smith falls out of ASX200

S&P Dow Jones made a statement on Friday regarding the Dick Smith’s future in the ASX200.  It was confirmed that the company would be removed from the ASX200 after close of trade on the 18th of December.

Dick Smith has taken action after writing down the value of its inventories by 20% last week – worth roughly $60 million.

The company launched a massive discounting effort last week to raise some cash before Christmas time.

The company made the announcement on their Facebook page on Friday morning, revealing that selected products were now discounted by up to 70% in store.

While the advertised specials are currently only available in Dick Smith stores, the company’s website is advertising a 48hr sell-a-thon.

Macquarie Bank cops criticism for ‘get rich quick’ pitches

The bank is the target of customer backlash for allegedly failing to convey the risks and complexity of their financial products to unsophisticated investors.

Financial advisor and self-described ‘Dream Maker’ Peter Spann has been accused of aggressively mass-marketing Macquarie structured investment products between 2006 and 2009 through his financial advisory business, the now defunct Freeman Fox.

Peter Spann travelled the country giving sales pitches – which some attendees believe were given greater credibility due to the presence of Macquarie bank staff.

Macquarie has maintained that they are not responsible for any of the financial advice given by third party vendors such as Freeman Fox.

The financial products had been marketed as “capital guaranteed” meaning that investors could not lose their principal.

But some investors are claiming that they did not understand that they would be locked in and have to pay annual interest payments in advance, even if the investments lost a significant portion of their value.

Macquarie has declined to confirm how many people invested in the products through Freeman Fox as well as the monetary value of these investments.

100 franchisees show interest in legal action against 7-Eleven

The lawyer in charge of preparing the class action has confirmed that 40 store owners had formally signed up for the class action suit, while another 60 had expressed interest.

An independent panel was created to investigate the alleged wage fraud and so far the panel has received over 1000 claims from current and former employees.

It has been reported that thousands of 7-Eleven workers, past and present, have endured wage exploitation.  The wage fraud bill could be as high as $300 million according to some estimates.

The panel is expected to start making compensation payments to the eligible workers before Christmas.

Yesterday was the deadline for a profit sharing agreement between head office and franchisees.

The deal would involve 7-Eleven head office paying for the first $25 million in back-pay claims, franchisees would pay the next $5 million and all payments after this will be split evenly between the franchisees and head office.

The company has not yet released the final number of franchisees that have signed up for this deal.

Everyone has heard of sexually transmitted diseases, but in this liberated world in which we live, financial advisers say sexually transmitted debt is becoming an increasing problem.

Key points:

  • Sexually transmitted debt is debt you catch from your partner
  • Can come from rental agreements, guaranteeing loans, signing contracts
  • Expert says talking about money in a relationship is key

“Sexually transmitted debt is debt you catch from …

Read the full article at: http://www.abc.net.au/news/2015-12-04/sexually-transmitted-debt-surprise-you-dont-want-for-christmas/7002178

Insolvency
Commencement
Appointment of a liquidator
Priority
Onerous property and unprofitable contracts
Set-off
Challengeable transactions
Misfeasance
Debt restructuring schemes
Accreditation
Cross-border issues


Insolvency law in the Cayman Islands is principally regulated by the Companies Law (2013) and the Companies Winding Up Rules 2008, which are supplemented by a wide body of case law. The following guidance is a summary only.

Insolvency

Under Cayman law, a company may be wound up on the basis of insolvency if it cannot pay its debts as they fall due. A company is treated as unable to pay its debts if:

  • it fails to satisfy a valid statutory demand;
  • execution of a judgment is returned wholly or part…

    Read the full article at: http://www.internationallawoffice.com/Newsletters/Insolvency-Restructuring/Cayman-Islands/Harney-Westwood-Riegels/Cayman-Islands-insolvency-law-in-60-seconds

    Insolvency
    Commencement
    Appointment of a liquidator
    Priority
    Onerous property and unprofitable contracts
    Set-off
    Challengeable transactions
    Misfeasance
    Debt restructuring schemes
    Accreditation
    Cross-border issues


    Insolvency law in the Cayman Islands is principally regulated by the Companies Law (2013) and the Companies Winding Up Rules 2008, which are supplemented by a wide body of case law. The following guidance is a summary only.

    Insolvency

    Under Cayman law, a company may be wound up on the basis of insolvency if it cannot pay its debts as they fall due. A company is treated as unable to pay its debts if:

    • it fails to satisfy a valid statutory demand;
    • execution of a judgment is returned wholly or part…

      Read the full article at: http://www.internationallawoffice.com/Newsletters/Offshore-Services/Cayman-Islands/Harney-Westwood-Riegels/Cayman-Islands-insolvency-law-in-60-seconds

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      California shooting: 14 dead, multiple shooters

      Police and FBI officials report that more than 14 are dead and more than 14 are wounded in a shooting in San Bernardino, California.

      PT2M15S

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      Is this the last straw for a city already down – way down – on its luck?

      When the shooters arrived at San Bernardino’s enormous and publicly-funded Inland Regional Centre for adults and children with disabilities, they were attacking a facility that catered for some of the most vulnerable people in one of the most vulnerable parts of California.

      Read the full article at: http://www.smh.com.au/world/san-bernardino-shooting-attack-hits-a-city-already-broken-beleaguered-and-bankrupt-20151202-gle2hx.html

      MUMBAI: A number of infrastructure companies, including some major private players, are looking to sell masala bonds, as they seek to reduce the risks associated with external commercial borrowings by moving to this rupee-denominated overseas debt that also comes with easier conditions.
      Re-denominated overseas debt to help companies avoid currency risks; $6 billion expected to be raised soon

      As much as $6 billion (about Rs 40,000 crore) could be raised through masala bonds in the coming few months by Indian businesses, say industry trackers. Companies such as SREI Infrastructure Finance, GVK and GMR are some of the private infrastructure players that could be exploring the scope for raising funds through this route, people with knowledge of the plans said. Besides other benefits, the cost of borrowing could also be lower in masala bonds compar…

      Read the full article at: http://economictimes.indiatimes.com/markets/bonds/re-denominated-overseas-debt-to-help-companies-avoid-currency-risks-6-billion-expected-to-be-raised-soon/articleshow/49989555.cms


      Lewis Hamilton might have won the title but Nico Rosberg ended 2015 as the man in front

      The Formula 1 season ended on Sunday with a third consecutive victory for Mercedes driver Nico Rosberg, but it is important to remember how the year started.

      There are now questions about just why Rosberg has hit this rich vein of form, but it has come at the end of a year that was owned outright by his team-mate Lewis Hamilton.

      Unlike in 2014, when he retired from the first race of the season, Hamilton won in Australia in March and built up from there a momentum to which Rosberg had no answer.

      The German had his moments but, generally speaking, Hamilton was in complete control of the season from Melbourne until he won the title in Aus…

      Read the full article at: http://www.bbc.co.uk/sport/formula1/34964622

      Australia’s peak forest contractor lobby wants Federal Industry and Innovation Minister Christopher Pyne to include changes to preferential payments in his push for company law overhaul.

      The liquidators of timber giant Gunns Limited have taken action against forestry contractors to recoup millions of dollars for company creditors.

      The Australian Forest Contractors Association (AFCA) has sent a letter to Mr Pyne asking for prefer…

      Read the full article at: http://www.abc.net.au/news/2015-12-02/forest-contactors-call-for-insolvency-law-changes-gunns/6991954

      Guaranteeing part of your offspring's home loan can help them get onto the property ladder.

      Guaranteeing part of your offspring’s home loan can help them get onto the property ladder.

      The Insolvency Service’s “Village of 100 Insolvent Debtors” must be the saddest village in the country.

      The imaginary village is the way the Insolvency Services which administers bankruptcies, uses to paint the portrait of those who have gone insolvent.

      Village residents find themselves there for many reasons.

      Banking Ombudsman, Nicola Sladden urges caution on going guarantor on someone else's loan.

      ROSS GIBLIN/FAIRFAX NZ

      Banking Ombudsman, Nicola Sladden urges caution on going guaran…

      Read the full article at: http://www.stuff.co.nz/business/money/74604813/beware-the-risks-of-going-guarantor-on-someone-elses-loan

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