The COMIngs and Goings of COMI

The COMIngs and Goings of COMI

In the latest decision on COMI (Northsea Base Investment Limited & ors [2015] EWHC 121 (Ch)), the English Court had to determine the centre of main interest for a  group of companies registered in Cyprus, but where the operations of the companies were managed by a shipping agent in London.

Think You Have a “Good Faith, for Value” Defense? Value to Creditors is the Key!

By | Zone of Insolvency | March 28, 2015
Think You Have a “Good Faith, for Value” Defense?  Value to Creditors is the Key!

Fraudulent transfer statutes were enacted to protect creditors from improper depletion of a debtor’s assets.  They generally accomplish this goal by allowing creditors (or a bankruptcy estate representative) to avoid transactions that are either actually or constructively fraudulent as to creditors, and to recover some or all of the proceeds of the transaction.