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    Guarantors' indemnity claims in insolvency following Re Kaupthing
    2012-04-30

    KEY POINTS

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Surety, Debtor, Debt
    Authors:
    Adam Pierce
    Location:
    United Kingdom
    Firm:
    Dentons
    CCAA court allows debtor to pay pre-filing unsecured debts
    2009-07-30

    Recently, in Re Eddie Bauer of Canada Inc., Justice Morawetz ordered a debtor was entitled to pay amounts owing for goods and services actually supplied prior to the filing date.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Retail, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Subsidiary
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Court appoints equitable receiver in the absence of security
    2008-07-31

    In Warren v. Warren the British Columbia Supreme Court recently appointed an equitable receiver over the assets of a judgment to debtor, notwithstanding that the Plaintiff did not have any security.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Legal personality, Shareholder, Debtor, Debt, Subpoena, Line of credit, Capital punishment, SCOTUS, British Columbia Supreme Court, Court of equity
    Location:
    Canada
    Firm:
    Dentons
    Employer debt – timing the calculation
    2012-03-26

    Pension scheme assets can rise and fall. So can liabilities. The timing of the section 75 debt calculation is, therefore, critically important to the ability of the scheme to meet its liabilities.

    So when should trustees calculate their section 75 debt? Can they use one date to calculate scheme assets and choose a different date to calculate the cost of buying out the scheme’s liabilities?

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Debt, Liability (financial accounting)
    Authors:
    Alan Jarvis , Elmer Doonan , Andrew Patten , Harriet Fletcher
    Location:
    United Kingdom
    Firm:
    Dentons
    Court preserves right to sue receiver in respect of court-approved transaction
    2009-07-30

    1117387 Ontario Inc., by court order in October 2003, was placed under receivership for defaulting on payment of a mortgage. In October 2008, the Court was asked to approve the receiver’s third report and the proposed sale of the mortgaged lands. A complicating factor was that the mortgaged lands were subject to environmental contamination as a result of a neighbouring oil and gas facility.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Dentons, Pollution, Surety, Debtor, Debt, Mortgage loan, Fossil fuel, Frivolous litigation, Vexatious litigation, Default (finance)
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    New amendments to insolvency legislation finally arriving!
    2008-07-15

    Pursuant to an Order in Council dated July 4, 2008, July 7, 2008 was established as the date that certain of the provisions of S.C. 2005, c. 47 (the "Insolvency Reform Act 2005") and S.C. 2007, c. 36 (the "Insolvency Reform Act 2007") came into force. The Wage Earner Protection Program Act (the "WEPPA") as well as certain of the amendments to the Bankruptcy and Insolvency Act (the "BIA") made by the Insolvency Reform Act 2005 and the Insolvency Reform Act 2007 are, as a result, now in force.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Wage, Bankruptcy, Shareholder, Debtor, Interest, Debt, Tax deduction, Bankruptcy discharge, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Treasury issues final regulations on partnership interests transferred to creditor in debt-for-equity exchange
    2011-11-21

    On November 15, 2011, the U.S. Internal Revenue Service ("IRS") and the U.S. Department of Treasury ("Treasury") issued final regulations under Section1 108(e)(8) and certain other Sections relating to the application of Section 108(e)(8) to partnerships (collectively, the "Final Regulations").

    Filed under:
    USA, Insolvency & Restructuring, Tax, Dentons, Debtor, Interest, Debt, Liquidation, Fair market value, Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Dentons
    The monitor’s power to revise claims after a claims bar date
    2009-06-30

    In Re ScoZinc Ltd., 2009 NSSC 136 the monitor appointed under the Companies’ Creditors Arrangement Act (“CCAA”) brought a motion for directions on whether it had the authority to allow the revision of a claim after the claim’s bar date, but before the date set for the monitor to complete its assessment of claims.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta, Trustee
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Private equity firm faces potential liability for deepening insolvency damages
    2008-06-25

    A recent decision by the Delaware bankruptcy court highlights the issues which must be considered by private equity firms, investment funds and other entities who play an active role in the management of their financially distressed portfolio companies.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Breach of contract, Fiduciary, Debt, Negligence, Investment funds, Title 11 of the US Code, Delaware Supreme Court, United States bankruptcy court
    Location:
    USA
    Firm:
    Dentons
    Financial restructurings of foreign companies through English schemes of arrangement
    2011-09-20

    Lending to a foreign company? If you choose English law to govern your facility documents and provide for the English court to have exclusive jurisdiction, an English scheme may be a viable means of restructuring the debt later, if the need arises.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Conflict of laws, Debt, Consent, Liquidation, Exclusive jurisdiction, Secured loan, Constitutional amendment, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Dentons

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