Mondaq Canada: Insolvency/Bankruptcy/Re-structuring
McCarthy Tétrault LLP
The critical consideration in the insolvency context is often whether it is possible to attach a monetary value to the claim.
Minden Gross LLP
Litigator Catherine Francis published "Solicitor-Client Privilege in Bankruptcy" in the Canadian Association of Insolvency and Restructuring Professionals' (CAIRP) magazine Rebuilding Success.
Burnet, Duckworth & Palmer LLP
Acquiring a distressed business or asset can be an excellent investment opportunity for prospective purchasers. Strategic buyers see distressed entities as presenting avenues which may not have otherwise been available if the target was solvent.
Thornton Grout Finnigan LLP
The Ontario Court of Appeal released its decision denying parties leave to appeal from Justice Newbould's decision which held that global proceeds of sale in the amount of US$7.3 billion should be distributed to the worldwide Nortel debtor estates on a pro rata basis.
Miller Thomson LLP
Certains créanciers s'opposent à l'homologation d'une proposition de Société de Gestion GLI inc.
Gardiner Roberts LLP
A few weeks ago, I decided to take a break from reading cases, arguments and alternative arguments to peruse the news (read: basket-cases, facts and "alternative facts") instead.
McMillan LLP
Given the substantial amount of capital invested in Canadian businesses by American investors a considerable number of trust indenture documents are governed by US law and are "qualified" under the Trust Indenture Act of 1939.
Goldman Sloan Nash & Haber LLP
The Bulk Sales Act (Ontario) (the "BSA") was enacted in Ontario in 1917 with the purpose of combatting then prevalent commercial fraud.
Borden Ladner Gervais LLP
The Supreme Court of Canada in Royal Bank of Canada v Trang, ("Trang") has streamlined the collection process for judgment creditors attempting to execute against a judgment debtor's mortgaged real property.
Borden Ladner Gervais LLP
Lightstream suggests that this jurisdiction will be sparingly exercised, and courts will decline to do so where ordering such a remedy would result in creditors manoeuvering for a better position.
Borden Ladner Gervais LLP
This case highlights the importance of reviewing Account Agreements and General Security Agreements to ensure maximal protection of a creditor's security interest.
McMillan LLP
When a lender makes an interest bearing loan to a borrower for a fixed term, the contract may provide that the borrower cannot repay the principal sum before maturity. This is often referred to as a "no call" provision.
Aird & Berlis LLP
Creditors should be aware of important changes to the law regarding forfeiture of corporate property which have significant implications for the recovery of forfeited assets of dissolved corporations.
Langlois lawyers, LLP
In its decision in Arrangement relatif à Métaux Kitco inc. 2017 QCCA 268, rendered on February 20th, the Quebec Court of Appeal upheld a Quebec Superior Court decision prohibiting Revenu Québec...
Blake, Cassels & Graydon LLP
Lightstream is a light oil-focused exploration and production company, operating primarily in Alberta and Saskatchewan.
McCarthy Tétrault LLP
The restructuring of Sanjel Corporation and its affiliates continues to provide interesting developments on the application and interpretation of the Companies' Creditors Arrangement Act.
Gehlen Dabbs
Filing for bankruptcy is never an easy option for small business owners. The decision can feel like a personal failure and may leave one unsure about the future.
Cassels Brock
Matthew Nied and Natalie Levine co-authored "Pre- Packaged Sales Transactions under the CCAA: Where are These Packages From, What do They Look Like, and Where are They Going?"
Gehlen Dabbs
Under section 70 of the Bankruptcy and Insolvency Act (BIA), when a debtor assigns into bankruptcy, or is adjudge a bankrupt by a court, and subject to the rights of secured creditors...
Borden Ladner Gervais LLP
The appellant in Konga had signed a personal guarantee of a corporation's obligations to the respondent bank.
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McCarthy Tétrault LLP
Prior to the repeal of the BSA, Ontario was the only remaining Canadian jurisdiction with bulk sales legislation.
Cox & Palmer
Tudor Sales Ltd. (Re), 2017 BCSC 119 is a case from British Columbia that dealt with whether shareholder loans, as a non-arm's length transaction, are properly characterized as debt, or as equity.
McMillan LLP
When a lender makes an interest bearing loan to a borrower for a fixed term, the contract may provide that the borrower cannot repay the principal sum before maturity. This is often referred to as a "no call" provision.
Gardiner Roberts LLP
A few weeks ago, I decided to take a break from reading cases, arguments and alternative arguments to peruse the news (read: basket-cases, facts and "alternative facts") instead.
Borden Ladner Gervais LLP
The Court of Queen's Bench of Alberta confirmed that it had jurisdiction to remedy oppressive conduct while a business is restructuring under the Companies' Creditors Arrangement Act.
McMillan LLP
Given the substantial amount of capital invested in Canadian businesses by American investors a considerable number of trust indenture documents are governed by US law and are "qualified" under the Trust Indenture Act of 1939.
Aird & Berlis LLP
Creditors should be aware of important changes to the law regarding forfeiture of corporate property which have significant implications for the recovery of forfeited assets of dissolved corporations.
Pallett Valo LLP
Last year, we published an article discussing a major impediment that creditors face when attempting to enforce their judgments through the sale of a debtor's real property
Thornton Grout Finnigan LLP
The Ontario Court of Appeal released its decision denying parties leave to appeal from Justice Newbould's decision which held that global proceeds of sale in the amount of US$7.3 billion should be distributed to the worldwide Nortel debtor estates on a pro rata basis.
Borden Ladner Gervais LLP
This case highlights the importance of reviewing Account Agreements and General Security Agreements to ensure maximal protection of a creditor's security interest.
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