The US Bankruptcy Code does not authorize a reorganization plan to grant non-consensual releases of third-party claims against non-debtor parties such as the Sackler family.
insolvency
In unfair preference claims, payments and supplies within a continuing business relationship are assessed as a whole under the running account principle, not individually.
HCA held that a creditor's statutory demand under s.459E Corporations Act cannot be set aside merely because the company disputes the debt; a genuine dispute on substantial grounds must be shown.
Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.
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