BNB babcock & brown limited

Here are some useful links for those who are...

  1. 1,600 Posts.
    Here are some useful links for those who are interested:

    http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Voluntary_administration_guide_for_creditors.pdf/$file/Voluntary_administration_guide_for_creditors.pdf

    http://www.asic.gov.au/asic/pdflib.nsf/LookupByFileName/Liquidation_guide_for_creditors.pdf/$file/Liquidation_guide_for_creditors.pdf


    I thought that this section from the second link was interesting, it reads:

    "A liquidator has the ability to recover, for the benefit of all creditors, certain payments (known as unfair preferences) made by the company to individual creditors in the six months before the start of the liquidation.
    Broadly, a creditor receives an unfair preference if, during the six months prior to liquidation, the company is insolvent, the creditor suspects the company is insolvent, and receives payment of their debt (or part of it) ahead of other creditors. To be an unfair preference, the payment must put the creditor receiving it in a more favourable position than other unsecured creditors.
    Not all payments from the company to a creditor in the six months before liquidation are unfair preferences. The Corporations Act provides various defences to an unfair preference claim.
    If a liquidator seeks to recover a payment that has been made to you, you may wish to obtain independent legal advice on the merits of the liquidator’s claim before repaying any money. "

    Could this be one reason that BBIPL seems so reluctant for BNB to be put into administration and subsequent liquidation? Is it possible that BNB has paid money into BBIPL over the past 6 months that we might be able to get our hands on as the sole creditors of BNB? Any thoughts?
 
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