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    Employee super-priority under the WEPPA and the BIA: comments on Ted Leroy Trucking Ltd. and 383838 B.C. Ltd. (Re)
    2009-05-29

    The Wage Earner Protection Program Act, S.C. 2005, c. 47 (the “WEPPA”), came into force on July 7, 2008. This paper will set out the implications of the WEPPA on insolvency practice and provide a brief analysis of Ted LeRoy Trucking Ltd. and 383838 B.C. Ltd. (Re), 2009 BCSC 41 (“LeRoy Trucking”), the only reported decision regarding the WEPPA (as at the date of this paper) since the legislation came into force.

    I. Introduction to the WEPPA

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons, Wage, Bankruptcy, Severance package, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Location:
    Canada
    Firm:
    Dentons
    Does an execution creditor have priority over unsecured creditors in an insolvency?
    2009-02-18

    An Ontario Court recently confirmed that an execution creditor does not have priority over the unsecured creditors of a debtor upon the insolvency of the debtor even if the judgment creditor is then holding funds of the debtor which it has garnisheed.

    In February 2008, the Superior Court of Justice – Ontario granted Cotton Ginny Inc., CG Operations Limited ("H/O"), CG Operations I Limited and CG Operations II Limited, protection under the Companies’ Creditors Arrangement Act.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Debtor, Unsecured debt, Capital punishment, Preferred stock, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    ISDA pleased with Lehman settlement
    2008-10-31

    ISDA is pleased at how the industry infrastructure for CDS worked in the context of the Lehman default and settlement. It also pointed out the misperceptions about the role of CDS in the financial crisis.

    Filed under:
    Global, Derivatives, Insolvency & Restructuring, Dentons, Default (finance), Credit default swap, International Swaps and Derivatives Association, Lehman Brothers
    Location:
    Global
    Firm:
    Dentons
    Supreme Court rules to limit scope of transfer tax exemption in bankruptcy sales
    2008-06-19

    On May 16, 2008, the United States Supreme Court decided Florida Department of Revenue v. Piccadilly Cafeterias, Inc. and ruled that debtors who sell property during the course of a Chapter 11 case prior to the confirmation of a plan cannot use Section 1146(a) of the Bankruptcy Code to exempt those sales from applicable state transfer and stamp taxes.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons, Tax exemption, Bankruptcy, Debtor, Unsecured debt, Statute of limitations, Stamp duty, Title 11 of the US Code, US Congress, SCOTUS, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Dentons
    When will liquidators risk a personal costs order?
    2020-11-30

    In our previous update dated 5 November 2020, we looked at when it is reasonable for insolvency practitioners to continue litigation. In this article, we explore the circumstances in which personal costs orders may be made against liquidators.

    Key points

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons
    Location:
    USA
    Firm:
    Dentons
    Manitoba’s Upcoming New Limitation of Actions Framework - What Secured Lenders Need to Know
    2022-02-01

    A limitation period is the statutory time limit set out in law for a person to file a lawsuit as a result of some loss or damage. Each Canadian province has a specific statutory framework governing limitation periods for legal matters falling under provincial jurisdiction. Many provinces use a “discoverability” scheme under which a person must commence legal proceedings within two years of specific factual elements being “discovered” by the person.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Private equity
    Location:
    Canada
    Firm:
    Dentons
    Implications of new moratorium and exclusion of directors' liability in the UK now Corporate Insolvency and Governance Act 2020 becomes law
    2020-06-29

    On 26 June the long-awaited Corporate Insolvency and Governance Act 2020 came into force and introduced emergency measures to provide protection to directors of companies which continue to trade notwithstanding the threat of insolvency, and to prevent, where possible, companies entering into insolvency due to COVID-19.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Coronavirus, Financial Conduct Authority (UK)
    Authors:
    Douglas Blyth , Neil Griffiths , Ian Fox , Tessa Blank , Celia Hayward , Richard Pallot-Cook
    Location:
    United Kingdom
    Firm:
    Dentons
    Project bank accounts: making payment fair
    2019-02-14

    A year after its collapse, Carillion's insolvency continues to haunt both its supply chain and the wider UK construction industry. Many of those left unpaid had spent months chasing Carillion for payment, all the while staving off payment demands from others. Overnight, their debts became unsecured. The flow of cash from Carillion that would have paid its supply chain dried up. A cascade of consequential insolvencies was inevitable.

    Filed under:
    United Kingdom, Banking, Construction, Insolvency & Restructuring, Projects & Procurement, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    The Oman Update - Official Gazette 1199
    2017-06-18

    Ministerial Decisions

    Issuing the Executive Regulations of Sultani Decree No. 31/96 on determining the rules for investing the funds of the Public Authority for Social Insurance and pension funds.

    A list of the state pension funds to which these regulations apply is given in Article 2 of this decision.

    Issued on 13 June 2017. Effective from the day after the publication date.

    Issuing the licensing and working system at the site of the customs territory in the Special Economic Zone at Duqm.

    Filed under:
    Oman, Employee Benefits & Pensions, Insolvency & Restructuring, Trade & Customs, Trademarks, Dentons
    Authors:
    Nick Simpson
    Location:
    Oman
    Firm:
    Dentons
    Government's latest plans to reform the Corporate Insolvency Framework: what's hot and what's not?
    2016-12-06

    On 23 September the Insolvency Service published responses to its "Review of the Corporate Insolvency Framework consultation" which in May had suggested four key changes to the UK’s corporate insolvency regime:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Dentons
    Location:
    European Union, United Kingdom
    Firm:
    Dentons

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