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    Debtor in possession charge in priority to Canada Revenue Agency’s deemed trust
    2009-04-29

    TrustIn Canada (Deputy Attorney General) v. Temple City Housing Inc., the Alberta Court of Appeal had to consider an application for leave to appeal a provision in a Companies Creditors Arrangement Act (Canada) (“CCAA”) order granting a DIP lender a charge in priority over the claims of CRA. The claims of CRA consisted of deemed trust claims arising under sections 224(1.2), 227(4) and 227(4.1) of the Income Tax Act (Canada).

    Filed under:
    Canada, Alberta, Banking, Insolvency & Restructuring, Litigation, Dentons, Tax deduction, Involuntary dismissal, Debtor in possession, Civil Rights Act 1964 (USA), Constitutional amendment, Court of Appeal of Alberta
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    Superintendent’s Levy deducted from repayment of bank’s mortgage
    2009-01-30

    In Seeley (Trustee of) v. Canadian Imperial Bank of Commerce (2008), the Bankruptcy Court determined that the Superintendent’s Levy was payable on the amount paid to a secured creditor by a Trustee in bankruptcy.The bankrupt made an assignment into bankruptcy. He owned a cabin which was mortgaged to the Bank.

    The Trustee sent the Bank three notices requiring it to file proof of its security. The Bank did not respond.The cabin was sold and subsequently the Bank filed a Proof of Claim in the bankruptcy.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Dividends, Interest, Debt, Mortgage loan, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, United States bankruptcy court
    Location:
    Canada
    Firm:
    Dentons
    Perfection of a security interest in a cash collateral account
    2008-10-14

    Banks have a recognized right to set off amounts owing by the bank to its customer (i.e. a credit balance in the customer’s bank account) against the customer’s debt to the bank. However, banks frequently wish to have the additional comfort of obtaining a security interest in the customer’s credit balance in a designated bank account. Banks frequently refer to this security as a pledge of cash collateral.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Debt, Personal property, Intangible asset, Personal Property Security Act 1990 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Good news for secured creditors as value of their collateral increases
    2008-11-05

    For most lenders, taking security from their borrowers is pretty straightforward: take a general security agreement covering inventory, receivables and all other collateral, add some guarantees, and then look to see if there are any other loose ends that need tying up. But for businesses in regulated industries where some sort of government-issued licence is a threshold requirement, it's not that easy.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Bankruptcy, Debtor, Collateral (finance), Security (finance), Accounts receivable, Personal property, Common law, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of the United States
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Licenses and Parliament’s lexicon
    2008-12-08

    The Supreme Court of Canada released its decision in Saulnier v. Royal Bank of Canada on October 24, 2008. The decision provides welcome clarification concerning the nature of government licenses and confirms that at least certain kinds of licenses constitute property for the purposes of the Bankruptcy and Insolvency Act (the “BIA”) and for the purposes of Canadian personal property security legislation. The decision is also important because it takes a purposive and commercial approach to the interpretation of bankruptcy and personal property security legislation.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Interest, Personal property, Common law, Secured creditor, Easement, Tangible property, Bénéfice, Royal Bank of Canada, Bankruptcy and Insolvency Act 1985 (Canada), Personal Property Security Act 1990 (Canada), Supreme Court of Canada
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Effect of a debtor’s pension plan liabilities and pension plan deficit on its secured lenders
    2008-10-14

    Prudent lenders should monitor their corporate debtors’ pension plan liabilities and pension plan deficits because they may have a significant impact on the priority of the lender’s security and on the amount the lender will recover if the lender enforces its security.

    Priority with respect to Lender’s Security

    Filed under:
    Canada, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Bankruptcy, Debtor, Trade union, Debt, Liability (financial accounting), Liquidation, Defined benefit pension plan, Bankruptcy and Insolvency Act 1985 (Canada), Bank Act 1991 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Crypto-assets as property: Cayman litigators' tools to assist in their tracing and recovery
    2020-02-14

    Adopting the analysis of the United Kingdom Jurisdictional Task Force ('UKJT") on the proprietary status of crypto currencies, a recent decision of the English High Court, AA v Persons Unknown,[1] has found that crypto assets such as Bitcoin are "property" and therefore capable of being the subject of a proprietary injunction or freezing order.

    Filed under:
    Cayman Islands, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ogier, Bitcoin, Cryptocurrency
    Authors:
    Jennifer Fox , Deborah Barker Roye
    Location:
    Cayman Islands, United Kingdom
    Firm:
    Ogier
    Substantial amendments to Ontario’s PPSA legislation
    2007-05-01

    Ontario has introduced a series of significant amendments to the Personal Property Security Act (Ontario) (the PPSA). The last major amendments to the PPSA occurred in 1989. This Osler Update highlights amendments to the PPSA that are of particular interest to court officers of insolvent enterprises and others taking or enforcing security.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Osler Hoskin & Harcourt LLP, Debtor, Collateral (finance), Security (finance), Breach of contract, Interest, Personal property, Common law, Default (finance), Secured creditor, Credit default swap, Uniform Commercial Code (USA), Personal Property Security Act 1990 (Canada)
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Weavering in the Cayman Islands
    2019-09-30

    The Privy Council's recent judgment in Weavering[1]upheld the decisions of the Cayman Islands Grand Court and Court of Appeal that payments made to redeemed investors immediately prior to the fund's liquidation were preference payments under section 145(1) of the Companies Law (2018 Revision) (Law), and must be repaid.

    Filed under:
    Cayman Islands, Asset Finance, Banking, Insolvency & Restructuring, Litigation, Collas Crill, Liquidation, Investment funds
    Authors:
    Stephen Leontsinis , Rocco Cecere , Farrah Sbaiti
    Location:
    Cayman Islands
    Firm:
    Collas Crill
    Bank insolvency, trusts and depositor protection in the Cayman Islands
    2015-11-20

    The Grand Court of the Cayman Islands has held that depositor protection provisions in Cayman Islands law only apply in respect of depositors with deposits of CI$20,000 (US$24,400) or less.1  Depositors with more than CI$20,000 on deposit do not benefit from such provisions at all, even for their first CI$20,000.  This means that, for persuasive policy reasons, the position in the Cayman Islands differs from the position in the EU under the deposit guarantee scheme.

    Filed under:
    Cayman Islands, Banking, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Maples Group, Constructive trust
    Authors:
    James Eldridge , Nick Herrod
    Location:
    Cayman Islands
    Firm:
    Maples Group

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