Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

Court approval of a sale process in receivership or Bankruptcy and Insolvency Act (“BIA”) proposal proceedings is generally a procedural order and objectors do not have an appeal as of right; they must seek leave and meet a high test in order obtain it. However, in Peakhill Capital Inc. v.

The COVID-19 pandemic has created financial distress across many sectors of the economy. As a result, there is a good chance that your business has, or soon will, be forced to deal with a customer bankruptcy. When your customer files for bankruptcy, all is not necessarily lost. The strategic actions you take, in consultation with an experienced attorney, before and during a bankruptcy can help improve your odds of recovery.

On January 30, 2018, the Michigan House of Representatives passed House Bill 4471, which creates a Uniform Commercial Real Estate Receivership Act (the “Act”) in Michigan, by a vote of 101-7. The Michigan Senate previously approved the Act, and the proposed law now goes to Governor Snyder for his signature. House Bill 4471 can be viewed here.

The Background of the Bill

Two proposed bills are working their way through the Michigan Legislature that would significantly impact state law pertaining to commercial real estate receiverships.

Specifically, House Bills 4470 and 4471 were approved by the Michigan House of Representatives in early November 2017 and have been sent to the State Senate for consideration.