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United States administrationguarantees and indemnities

Truck Insurance Exchange v Kaiser Gypsum Co

602 U.S. 75 (2024)
JurisdictionUnited States
CourtUS Supreme Court
Year2024
StatusBinding authority

Summary

An insurer is a 'party in interest' under 11 U.S.C. § 1109(b) with standing to object to a Chapter 11 reorganisation plan that would affect its obligations.

Key Principle

bankruptcy; insurer is party in interest under s 1109(b); can object to Chapter 11 plan affecting its obligations

Area of Law

insolvency

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Stubbings v Jams 2 Pty Ltd (2022) 276 CLR 233

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.

Vince v ASIC [2021] FCAFC 69

Director disqualification upheld where director failed to maintain adequate books and records, constituting misconduct in management of insolvent company.

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