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Supreme Court of Canada denies leave to appeal and confirms Québec courts’ ability to appoint BIA receivers

On April 1, 2021, the Supreme Court of Canada dismissed an application for leave to appeal the decision of the Court of Appeal of Québec (QCA) in Séquestre de Media5 Corporation, 2020 QCCA 943, which had put an end to a long-lasting debate on the availability of ‘national’ receivers to Québec secured creditors. The decision of the QCA is now final.

Canada, Quebec, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP
Channel surfing – a look at recent circuit decisions on 524(g) channeling injunctions

Channel 1 – Thorpe Insulation Addresses Insurer Standing to Object to Plan and Assignability of Insurance Contracts to Plan Trusts

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USA, Insolvency & Restructuring, Insurance, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Injunction
Court upholds “new value” preference defense despite post-petition payment of claim

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USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Debtor, United States bankruptcy court, Third Circuit
Fifth Circuit: recharacterization, it’s not just for insiders anymore

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USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Royalty payment, Bankruptcy, Conflict of laws, Debtor, Interest, Debt, Legal burden of proof, Maturity (finance), United States bankruptcy court, Fifth Circuit, Fourth Circuit