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Saskatchewan Court of Appeal confirms that emails can extend limitation periods under the Limitations Act

Earlier this year, we wrote here about the decision in I.D.H. Diamonds NV v Embee Diamond Technologies Inc., 2017 SKQB 79, where Mr. Justice Layh held:

Canada, Saskatchewan, Insolvency & Restructuring, Internet & Social Media, Litigation, Miller Thomson LLP
Does an Unsecured Creditors’ Committee Have an Absolute Right to Intervene in Adversary Proceedings? The First Circuit Says Yes

An Official Committee of Unsecured Creditors (“UCC”) often plays an active role in larger, more complex business bankruptcy cases. But what right, if any, does a UCC have to intervene in a bankruptcy adversary proceeding? The First Circuit Court of Appeals recently addressed this very issue in Assured Guaranty Corp., et al. v. The Financial Oversight and Management Board of Puerto Rico, et. al., 17-1831 (1st Cir. Sept. 22, 2017) (“Financial Oversight”) and ultimately held that a UCC does have such a right.

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, First Circuit
Foreseeable Circumstances - Third Circuit Shuts Down WARN Act Claim After Russian Financing Fails

The Bankruptcy Protector

Chapter 11 debtors operate under various levels of uncertainty. Often a company is dependent upon others to provide financing or close transactions necessary for the company’s survival. Such was the case of Eclipse Aviation, which filed for Chapter 11 bankruptcy in November 2008, with an (apparent) agreement to sell itself to its largest shareholder.

USA, Employment & Labor, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Class action, Worker Adjustment and Retraining Notification Act 1988 (USA), Third Circuit
In re Olsen: A Cautionary Tale Regarding Due Process and 363 Sales

USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, Due process, United States bankruptcy court
Retail Bankruptcies Likely to Increase

USA, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP
Sad News for all you “Toys R Us Kids”: Toys ‘R’ Us is Reportedly Preparing for a Potential Bankruptcy Filing Prior to the Holidays

USA, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP
Despite Jevic, Priority Skipping Found to be Permitted as Part of Final Approval of DIP Financing

In In re Short Bark Industries Inc., 17-11502 (Bankr. D. Del. Sept. 11, 2017), Judge Kevin Gross of the United States Bankruptcy Court for the District of Delaware read the Supreme Court’s holding in Jevic narrowly in connection with a settlement of a dispute on DIP financing.

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
The Jevic Files

The bankruptcy bar is abuzz following the Supreme Court’s recent decision in Czyzewski v. Jevic Holding Corp., 15-649, 2017 BL 89680, 85 U.S.L.W. 4115 (Sup. Ct. March 22, 2017), holding that bankruptcy courts may not approve structured dismissals that do not adhere to the Bankruptcy Code’s priority scheme.

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
Receivership or CCAA? Having already given significant time, a creditor is not forced to wait longer to enforce

Affinity Credit Union 2013 v. Vortex Drilling Ltd. 2017 SKQB 228

Canada, Insolvency & Restructuring, Litigation, Miller Thomson LLP
Things You May Not Know About The Farm Debt Mediation Act

National Insolvency Review, February 2017

Most or all creditors who lend to farmers will be familiar with the Farm Debt Mediation Act, S.C. 1997, c. 21 (the “FDMA”) and the need to serve a notice under the FDMA before taking action against a farmer. However, there are some details of how the FDMA operates that may not be as well-known. This piece will highlight some of those details.

Canada, Agriculture, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP