Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.
Canada, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Supreme Court of Canada
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.
Claims trading has become increasingly commonplace in today’s bankruptcy cases, typically with little need for policing by the courts.
USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Private equity, Due diligence, United States bankruptcy court, Fifth Circuit, US District Court for District of Delaware