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Searching Content indexed under Insolvency/Bankruptcy by WaŽl Rostom ordered by Published Date Descending.
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Canadian Corporate & Restructuring Legislation: Changes Could Be On The Way
Bill C-97 (the "Bill") was introduced in Parliament to implement the federal budget tabled by the Liberal government on March 19, 2019
Canada
11 Jul 2019
2
The US Trust Indenture Act, Out Of Court Restructurings And The Marblegate Decision
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.
Canada
12 Apr 2017
3
The Enforceability of Make-Whole Clauses in Bankruptcy
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.
Canada
30 Mar 2017
4
Preferential Payments: Commercial Imperative Or Creditor Pressure?
In the recent decision of the Alberta Court of Appeal in Orion Industries Ltd. (Trustee of) v Neil's General Contracting Ltd.1 ("Orion Industries") the Court interpreted and applied the rule added as part of the 2009 amendments to section 95(2) of the Bankruptcy and Insolvency Act ("BIA") which deals with preferential payments.
Canada
5 Dec 2013
5
CCAA Court Undoes Dealership Termination in Insolvency Proceeding
In Re Bock inc., a recent case decided under the Companies' Creditors Arrangement Act ("CCAA"), the Superior Court of Quebec made an order reviving a dealership agreement that was purported to be validly terminated by the manufacturer prior to the commencement of any insolvency proceedings.
Canada
7 Aug 2013
6
Critical Suppliers: Court Re-Confirms The Law Regarding Payment Of Pre-Filing Obligations
The Ontario Superior Court of Justice has recently re-confirmed that a debtor subject to proceedings under the Companies' Creditors Arrangement Act (the "CCAA") may be authorized to pay pre-filing obligations owed to a critical supplier.
Canada
12 Sep 2012
7
Wage Earner Protection Program Act And Certain Other Amendments To The BIA Now In Force
On July 7, 2008 specific provisions of the Insolvency Reform Act, 2005 and the Insolvency Reform Act, 2007 were proclaimed into force by Order in Council.
Canada
 
30 Jul 2008
8
Deepening Insolvency: Will The U.S. Theory Be Adopted In Canada?
In the United States, claims for ďdeepening insolvencyĒ have been advanced against lenders and investment bankers to insolvent companies as well as against the officers and directors of insolvent companies. Experience suggests that developments in U.S. commercial laws tend to be imported north of the border.
Canada
12 Jul 2007
9
The Auditor As Monitor In CCAA Proceedings - What Is The Debate?
There has been considerable but largely private debate amongst senior insolvency professionals regarding whether it is appropriate for the auditor of a company to act as its monitor in proceedings under the Companiesí Creditors Arrangement Act 1 (CCAA).
Canada
10 Nov 2006
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