The effect of on-going insolvency and restructuring proceedings on landowner claims for compensation before the Alberta Surface Rights Board

​The doctrine of federal paramountcy provides that where there is an inconsistency between validly enacted but overlapping provincial and federal legislation, the provincial legislation is inoperative to the extent of the inconsistency and the remainder of the provincial legislation is unaffected.

Filed under:
Canada, Alberta, Insolvency & Restructuring, Litigation, Real Estate, Borden Ladner Gervais LLP, Land tenure, Bankruptcy and Insolvency Act 1985 (Canada)
Authors:
Andrew Pozzobon
Location:
Canada
Firm:
Borden Ladner Gervais LLP
Recent Eighth Circuit bankruptcy decisions

Heide v. Juve, (In re David L. Juve and Mona L. Juve), No. 11-6006, (8th Cir. BAP 09/16/2011) (Judges Schermer, Federman, and Nail).

Filed under:
USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Bankruptcy, Debtor, Fraud, Leasehold estate, Misconduct, Debt, Personal property, Vacated judgment, Legal burden of proof, Remand (court procedure), Land tenure, Eighth Circuit, Bankruptcy Appellate Panel
Authors:
L. Kathleen Harrell-Latham
Location:
USA
Firm:
Larkin Hoffman Daly & Lindgren Ltd