ARITA’s 8 (plus?) point plan for insolvency law reform
One of the main insolvency professional bodies in Australia – ARITA[1] – has released what it calls its “8 point plan” to comprehensively review and reform Australia’s insolvency laws to ensure they are ‘simple, efficient and effective’. ARITA proposes a ‘Financial Recovery Law Reform Commission’ to be led by ‘eminent commissioners’ with a view to […]
A policy question with insolvency preferences
Is the essence of a preference payment in insolvency that the pool of the debtor’s assets are lessened by the debtor’s payment to the preferred creditor, such that other creditors will receive less? Or is it enough that the preferred creditor simply obtains more that it would have received from the payment than if it […]
