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    Insolvent companies, unfair preferences and directors’ duties
    2009-06-23

    A recent application to the British Virgin Islands courts has sought to blur the lines between directors’ general duties to act for the benefit of an insolvent company’s creditors, and the statutory clawback associated with unfair preferences entered into in the twilight period prior to a company going into liquidation.

    Filed under:
    British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Litigation, Harneys, Liability (financial accounting), Liquidation, Good faith, Liability insurance, Liquidator (law)
    Authors:
    Colin Riegels
    Location:
    British Virgin Islands
    Firm:
    Harneys
    Not Just Linear Property Tax Priorities: Alberta Court of Appeal on Abuse of Process and Mootness
    2019-02-19

    In a recent Bennett Jones Update—Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty—we discussed three recent decisions of the Court of Queen's Bench of Alberta that had addressed the question of the priority of municipal property taxes in insolvency proceedings.

    Filed under:
    Canada, Ontario, British Columbia, Insolvency & Restructuring, Litigation, Real Estate, Tax, Bennett Jones LLP, Property tax, Abuse of process, Liquidation, Court of Appeal of Alberta
    Authors:
    Kelsey J. Meyer
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Priorities Matter - But That's Not All That Matters!
    2018-10-23

    Often, when the parties to a financing are discussing priorities or intercreditor arrangements, there tends to be a simplistic view taken of these agreements. Once the competing creditors have sorted out their respective priorities over the various pools or types of collateral, they tend to think that the terms of the agreement are essentially settled and simply need to be put into writing.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Securitization & Structured Finance, WeirFoulds LLP, Debtor, Accounts receivable, Liquidation
    Authors:
    Vickie Wong
    Location:
    Canada
    Firm:
    WeirFoulds LLP
    Retail Insolvencies in Canada Series, #3: Parent Perspectives
    2018-03-02

    This is the third instalment in a series examining large retail insolvencies in Canada from the perspective of various stakeholders. This article discusses insolvencies from the perspective of corporate parents of distressed Canadian retailers.

    Filed under:
    Canada, USA, Ontario, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Liquidation, Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    Canada, USA
    Firm:
    Blake, Cassels & Graydon LLP
    Top Insolvency Cases and Highlights from 2017 - Part 1
    2018-01-31

    2017 saw a number of interesting and important developments in Canadian insolvency and restructuring matters. Some of the highlights (which, in certain instances, will continue as issues in 2018 and beyond) are set forth below:

    1) Trends: Fewer CCAA Filings and Retail Insolvencies in the News

    Filed under:
    Canada, Ontario, Quebec, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Liquidation, Secured creditor, Office of the Superintendent of Financial Institutions (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Heather L. Meredith , Adrienne Ho
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Wind-Up Unwound: For the First Time, the BC Supreme Court Rejects an Application to Wind-Up a Strata Corporation under Bill 40
    2017-10-06

    The Owners, Strata Plan VR 1966[1] marks the first time the BC Supreme Court has rejected an application to wind-up a strata corporation pursuant to Bill 40 under the Strata Property Act

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Real Estate, McMillan LLP, Liquidation, British Columbia Supreme Court
    Authors:
    Damon Chisholm
    Location:
    Canada
    Firm:
    McMillan LLP
    The pre-filing sales process in CCAA proceedings
    2016-10-31

    In a previous post we discussed how the Court of Queen’s Bench of Alberta recently authorized a sale transaction after being satisfied with the appropriateness of a sales process that was undertaken prior to the issuance of the receivership order.

    Filed under:
    Canada, Alberta, Company & Commercial, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Liquidation, Companies' Creditors Arrangement Act 1933 (Canada)
    Authors:
    Walker W. MacLeod , Dextin Zucchi
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    No pooling of accounts where clients’ interests in mixed funds are not rateably equal
    2018-03-29

    The Court will closely examine the relevant transactions involving the accounts and form a view – which may be an impressionistic one – as to the likely extent of the interest of each client (or each client group) in those accounts.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidation
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia
    Firm:
    Clayton Utz
    Insolvent Trading Trusts: You can go your own way.
    2018-04-04

    Summary

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, McCabe Curwood, Liquidation, Corporations Act 2001 (Australia)
    Authors:
    Andrew Lacey
    Location:
    Australia
    Firm:
    McCabe Curwood
    Safe Harbour: A Guide For Accountants
    2018-03-15

    By now, most accountants are likely to have heard about, and perhaps have some familiarity with, the new “safe harbour” laws. But for those accountants who still feel unsure about their knowledge of these new provisions, the following article will help you get your head around what safe harbour means for your accounting practice.

    How safe harbour fits into the existing law

    Filed under:
    Australia, Insolvency & Restructuring, Law Firm Management, Legal Practice, Edwards Mac Scovell, Liquidation, Duty of care, Cashflow
    Authors:
    B. Scovell
    Location:
    Australia
    Firm:
    Edwards Mac Scovell

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