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"You Get It As Is, Where It Is": High Court of Australia Clarifies Cape Town Convention Redelivery and Recovery Remedies in the Virgin Australia Case | Perspectives & Events

On 16 March 2022, the High Court of Australia (the most senior court in Australia) handed down its judgment with respect to Virgin Australia's administrators'  obligation to "give possession" of an aircraft object, subject to a registered international interest, to a creditor of Virgin Australi...
United States Cape Town Western Cape South Africa The Cape New South Wales

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Sanctions: "What, me worry?" - Corporate Jet Investor

An op-ed by Eric Lewin, Founder of The Law Offices of Eric Lewin Does the Cape Town Convention (CTC) shield Aviareto Limited (Aviareto) from liability for its failure to comply with economic sanctions and export controls? This question is important: Aviareto has a monopoly over a territory comprised of 83 countries and 1 Regional … Continue reading "Sanctions: “What, me worry?”"
New York United States United Kingdom Cape Town Western Cape South Africa

Cape Town Convention: court rules that AirAsia X restructuring scheme is insolvency-related event

In its recent decision in AirAsia X Berhad v BOC Aviation Limited (Originating Summons WA-24NCC-467-10/2020), the high court held that a scheme of arrangement under Section 366 of the Companies Act 2016 is an insolvency-related event for the purposes of the Convention on International Interests in Mobile Equipment (the Cape Town Convention) and the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment (Aircraft Protocol). The Cape T...
Kuala Lumpur Cape Town Western Cape South Africa The Cape New South Wales

CFPB issues Part II of final collection rule: initial impressions | Ballard Spahr LLP

meaningful attorney involvement and debt sale restrictions.  Parts I and II were both adopted pursuant to the Bureau’s authority under the Fair Debt Collection Practices Act and not its UDAAP authority under the Dodd-Frank Act, and are effective November 30, 2021. Part II of the final rule has three primary components, dealing with (1) the collection of time-barred debt, (2) passive debt collection, and (3) validation notices. Time-Barred Debt Part II includes prohibitions against taking or ...
Us Supreme Court Ballard Spahr Midland Funding Fair Debt Collection Practices Act Dodd Frank Act Model Form

Aviation, CIGA, Cape Town Convention, and Insolvency

Monday, December 21, 2020 The United Kingdom’s Corporate Insolvency and Governance Act 2020 (CIGA) shifted the focus of the United Kingdom’s insolvency regime from administration and liquidation to rescue and recovery and introduced a number of interesting new features that apply to companies experiencing financial difficulties. This article considers how certain of these features fit into the insolvency regime of the Cape Town Convention.1 Of primary interest, CIGA permits a comp...
Cape Town Western Cape South Africa United Kingdom Troy Goode Bucciv Carman

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