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Top 10 Questions Human Resources May Have When Their Company is Filing for Chapter 11 Protection

Businesses in a wide range of industries may now be forced to consider bankruptcy given the unprecedented economic challenges caused by the COVID-19 pandemic. This advisory is designed to provide a high-level view of issues to be considered by human resources when considering filing for Chapter 11 bankruptcy. Please note that this advisory focuses specifically on a Chapter 11 bankruptcy (pursuant to which a business will be reorganized) rather than Chapter 7 bankruptcy (pursuant to which a business will be liquidated).

USA, Employment & Labor, Insolvency & Restructuring, Litigation, Mintz, Coronavirus, Equal Employment Opportunity Commission (USA), National Labor Relations Board (USA), Title 11 of the US Code
Test for granting leave to sue court-appointed receiver

Introduction
'Frivolous or vexatious' test
'Strong prima facie case' test
Applying the same test for leave
Receiver's appointment and discharge orders
Comment

Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Vexatious litigation, Prima facie, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
Production of documents from court-appointed receivers

Introduction
Receivership and OSC proceeding
Production by court-appointed receivers
Not the right forum
Comment


Introduction

Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Ontario Securities Commission, Court of Appeal for Ontario
The Hollinger sealing order – using the <i>Sierra Club</i> test to protect settlement privilege

 

Introduction

Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Confidentiality, Interest, Discovery, Freedom of speech, Non-disclosure agreement, Right to a fair trial, KPMG, Trustee, Court of Appeal for Ontario