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    Representative counsel motions may impose greater costs on secured creditors than were bargained for
    2010-06-01

    The restructuring proceedings of Canwest Publishing Inc and affiliated entities (“Canwest”) has recently provided secured lenders and particularly debtor-in-possession lenders with some food for thought.

    In March of this year, four former non-unionized employees of Canwest brought a motion in the Ontario Superior Court of Justice (the “Court”) for the appointment of representative counsel to protect the interests of themselves and similarly situated former employees in the Canwest Companies’ Creditors Arrangement Act (“CCAA”) restructuring proceedings.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Costs in English law, Debtor, Unsecured debt, Interest, Trade union, Consent, Legal burden of proof, Companies' Creditors Arrangement Act 1933 (Canada), Ontario Superior Court of Justice
    Authors:
    Evan Cobb
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Remaining CCAA and BIA amendments in effect
    2009-10-01

    On September 18, 2009, the Federal Government proclaimed into force the remaining amendments to the Bankruptcy and Insolvency Act (BIA) and theCompanies’ Creditors Arrangement Act (CCAA). (A few provisions which are rendered moot, presumably deemed unnecessary or are amendments intended to coordinate the inter-governmental flow of information have not been proclaimed into force.) Some of the key changes to the BIA and the CCAA which we anticipate will considerably impact current Canadian insolvency practice are discussed below.

    Filed under:
    Canada, Insolvency & Restructuring, Osler Hoskin & Harcourt LLP, Debtor, Consent, Cashflow, Debtor in possession, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Authors:
    Sandra Abitan , Andrea Amaral-Leblanc
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    No Repair and Storage Liens Act (“RSLA”) lien for related party subcontractor
    2009-05-14

    Resin Systems Inc. v. Global Composite Manufacturing Inc., [2008] O.J. No. 5427, (Ont. S.C.J., Commercial List)

    Resin developed certain equipment used to manufacture transmission poles. Resin entered into a manufacturing and licence agreement with Global Composite, and leased the equipment to Global Composite to make and improve the product. The agreements provided Global Composite was to keep the equipment free of any lien or claim, unless there was the express written consent of Resin.

    Filed under:
    Canada, Company & Commercial, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Consent, Subcontractor, Aircraft registration
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    BC courts uphold controversial plan of arrangement
    2008-03-17

    Typically, courts will only rarely and sparingly interfere with contractual rights that parties freely negotiate and agree upon.

    However, in Protiva Biotherapeutics Inc. v. Inex Pharma­ceuticals Corp., the British Columbia Court of Appeal recently determined that the courts can adjust contractual rights in order to achieve a workable plan of arrangement proposed by a company under the British Columbia Business Corporations Act (the "Act").

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Confidentiality, Injunction, Consent, Stakeholder (corporate), Prejudice, Corporations Act 2001 (Australia)
    Location:
    Canada
    Firm:
    McMillan LLP
    Judicial circumvention of contractual rights in a plan of arrangement
    2007-09-04

    Courts will only rarely and sparingly interfere with contractual rights that parties freely negotiate and agree upon.

    However, in Protiva Biotherapeutics Inc. v. Inex Pharmaceuticals Corp., the British Columbia Court of Appeal recently determined that it could adjust contractual rights in order to achieve a workable plan of arrangement proposed by a company under the British Columbia Business Corporations Act (“Act”).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McMillan LLP, Confidentiality, Injunction, Consent, Stakeholder (corporate), Prejudice, Anti-circumvention, Corporations Act 2001 (Australia), Supreme Court of the United States
    Location:
    Canada
    Firm:
    McMillan LLP
    Restructuring and insolvency: The position of creditors in Nigeria
    2017-12-15

    Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.

    Position of creditors

    Forms of security

    What are the main forms of security over moveable and immoveable property and how are they given legal effect?

    Pledge

    Filed under:
    Global, Nigeria, Insolvency & Restructuring, Fred-Young & Evans, Debtor, Consent, Mortgage loan, Conveyancing
    Authors:
    Emmanuel Ekpenyong
    Location:
    Global, Nigeria
    Firm:
    Fred-Young & Evans
    The reorganisation plan within the new Greek Bankruptcy Code
    2010-05-28

    Summary

    The briefing provides an overview of the reorganisation plan introduced by the new Greek Bankruptcy Code. Its purpose is to set out the more important mechanics of the reorganisation plan and examine its more important ramifications within the bankruptcy process.

    The new Greek Bankruptcy Code

    Filed under:
    Greece, Insolvency & Restructuring, Norton Rose Fulbright, Bankruptcy, Debtor, Unsecured debt, Consent, Liquidation, Holding company, Judicial review, Voting, Constitutional amendment, Title 11 of the US Code
    Authors:
    Vassilis Koroxenidis
    Location:
    Greece
    Firm:
    Norton Rose Fulbright
    Winding up on just and equitable grounds
    2010-04-21

    In the matter of Centurion Management Services Limited and Article 155 of the Companies (Jersey) Law 1991 [2009]JRC227

    Introduction

    This judgment of the Royal Court in Jersey illustrates circumstances in which the court has been prepared to exercise its jurisdiction to order that a company be wound up on the grounds that it is just and equitable so to do.

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Bedell Cristin, Regulatory compliance, Bankruptcy, Fiduciary, Option (finance), Consideration, Consent, Liquidation, Balance sheet, Cashflow, Liquidator (law), Misappropriation, European Commission
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Middle East Exchange
    2010-10-29

    In last month's edition of Middle East Exchange,we looked at the risks for directors of UAE companies in financial difficulties. In this month's edition, we consider the position from the other side of the negotiating table, namely the risks for creditors when a UAE company faces financial difficulties.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Confidentiality, Bankruptcy, Debt, Consent, Default (finance)
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    Research memo - administration and forfeiture
    2011-11-04

    If a tenant company fails to pay its rent when due (subject to any grace periods in the lease) the landlord ordinarily has the right to forfeit the lease either by peaceable re-entry of the property or by legal proceedings. However, if the tenant is insolvent (or soon to become insolvent) then this right may be stayed by the moratorium under the Insolvency Act 1986.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Landlord, Leasehold estate, Consent, Moratorium, Insolvency Act 1986 (UK)
    Authors:
    Georgia M. Quenby
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP

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