Miscellaneous 2006

Holding on to your treasure: bankruptcy and the implications for asset protection

Source: Victoria

Published Date: 7 Oct 2006

 

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In today’s business world superior enemies often come from unexpected quarters and this particularly applies when insolvency laws have not been adequately addressed when structures have been established. For example in recent years there has been a concerted push by Government to broaden the claw back provisions upon bankruptcy. In this paper we closely examine how these new provisions operate, the planning issues that necessarily arise, opportunities for good structural defence and associated issues including:

  • the extent of the Bankruptcy Act claw back provisions
  • the operation of the Bankruptcy Legislation Amendment (Anti-avoidance) Act 2006
  • implications of the recent High Court decision in Cummins case
  • an analysis of how specific structures may be subject to challenge by bankruptcy trustees.

Individual Session

Holding on to your treasure: bankruptcy and the implications for asset protection

Author(s): Michael Lhuede

Details

  • Published By: Michael Lhuede
  • Published On:7 Oct 2006
  • Took place at:Cumberland Lorne Resort

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