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    Who owns a Québec partnership?
    2010-11-29

    In Ferme CGR Enr, senc (Syndic de) 2010 QCCA 719, the Québec Court of Appeal decided that it is not necessary to put the partners of a Québec general partnership into bankruptcy when the partnership itself is put into bankruptcy. In doing so, the court initially relied upon authorities interpreting the relevant provisions of the Bankruptcy and Insolvency Act. In addition, the court supported its decision with an analysis of the legal nature of Québec general partnerships and, as a result, modified the ownership structure of partnerships in Québec.

    Filed under:
    Canada, Quebec, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Legal personality, Interest, Debt, Personal property, Limited partnership, Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    Important cross-border enforcement decision by the New York courts
    2009-08-10

    Summary

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Debtor, Interest, Debt, Personal property, Subsidiary, Forum shopping
    Authors:
    Charles Evans , Roger Heward , Philip Roche
    Location:
    USA
    Firm:
    Norton Rose Fulbright

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