Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Unlawful application of a lien clause
    2011-06-27

    A service provider can rely on a debtor/creditor as security for its claim. This type of lien, conferred by virtue of an agreement between the creditor and the debtor, is a sub-species of a broader right to retain physical control of another’s property, whether movable or immovable, as a mechanism for securing payment of a claim, until the claim has been met. In other words, the service provider, who makes provision for such a lien in its contract, can refuse to release goods which are in its possession until it has received payment.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, ENS, Debtor, Debt, Personal property, Bill of lading
    Authors:
    Janine Lee
    Location:
    South Africa
    Firm:
    ENS
    Priorities outside the Alberta Personal Property Security Act (PPSA)
    2014-03-17
    1.  INTRODUCTION

    S4 of the PPSA, provides that "except as otherwise provided" in the PPSA, the PPSA does not apply to a number of enumerated liens, charges or other interests, including as set out in s4(a) "a lien, charge or other interest given by an Act or rule of law in force in Alberta".

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper, Solicitor, Personal property, Common law, Personal Property Security Act 1990 (Canada)
    Location:
    Canada
    Firm:
    DLA Piper
    Ontario Commercial Court rules proceeds of bia preference action subject to rights of secured creditors
    2011-08-25

    On August 18, 2011, Mr. Justice Morawetz, of the Ontario Superior Court of Justice, released an important decision in regard to preference actions in the matter of Tucker v. Aero Inventory (UK) Limited (together with Aero Inventory plc, Aero).

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Bankruptcy, Unsecured debt, Personal property, Legal burden of proof, Secured creditor, Unsecured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Trustee, High Court of Justice (England & Wales), Ontario Superior Court of Justice
    Authors:
    Kevin J. Morley
    Location:
    Canada
    Firm:
    Norton Rose Fulbright Canada LLP
    Spotlight on security documents: the landlord waiver
    2011-09-30

    Having enforceable security over all of a borrower’s assets is obviously of primary importance to a lender.  However, where a borrower occupies leased premises, ensuring the lender has quick and reliable access to the collateral is equally important, especially if the landlord proves to be unco-operative after a borrower’s default.  Although court-ordered access to a borrower’s leased premises can be sought after a borrower’s loan default, a landlord waiver obtained prior to an initial advance of a loan can bring some added certainty to the realization process outside of a bankrup

    Filed under:
    Canada, Insolvency & Restructuring, Real Estate, Gowling WLG, Bankruptcy, Debtor, Collateral (finance), Landlord, Leasehold estate, Waiver, Consent, Personal property, Default (law), Default (finance)
    Authors:
    Richard C. Dusome
    Location:
    Canada
    Firm:
    Gowling WLG
    CRA getting aggressive in asserting deemed trust over mortgage proceeds
    2011-05-16

    Unremitted source deductions are subject to a deemed trust in favour of the Crown under Section 227 of the Income Tax Act (the “ITA”), Section 86 of theEmployment Insurance Act (the “EIA”) and Section 23 of the Canada Pension Plan (the “CPP”). Subsection 227(4) of the ITA creates the trust for income tax deductions and Subsection 227(4.1) creates a super-priority lien in favour of the Crown, in the amount of the trust, over all the debtor’s assets.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Tax, Aird & Berlis LLP | Aird & McBurney LP, Bankruptcy, Surety, Debtor, Collateral (finance), Interest, Debt, Mortgage loan, Personal property, Excise, Unemployment benefits, Canada Revenue Agency, Canada Pension Plan Act 1985, Bankruptcy and Insolvency Act 1985 (Canada), Income-Tax Act 1961 (India)
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    Ontario court confirms receiver’s limited liability to landlord for occupation
    2010-10-18

    Where a tenant becomes insolvent, landlords are often faced with a courtappointed Receiver inserted in place of the insolvent debtor who wishes to operate the tenant’s business or conduct a sale of assets on site. While the landlord may be able to successfully negotiate payment of occupation rent, a common issue that arises iswho is responsible for any damages to the leased premises? A recent decision of the Ontario Court of Appeal in General Motors Corporation v.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP, Debtor, Landlord, Leasehold estate, Personal property, Liquidation, Court of Appeal for Ontario
    Authors:
    Craig A. Mills , Margaret R. Sims
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    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)
    Authors:
    Martin Boodman
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    We still don’t know what is a fixture vs a chattel
    2010-08-27

    CMIC Mortgage Investment Corp v Rodriguez, 2010 BCSC 308; [2010] BCJ No 425

    The bankrupt farmer ran an equestrian operation. She acquired two fabric covered barns, with one anchored by solid concrete blocks resting on the ground, and the second anchored into concrete foundations.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Real Estate, Miller Thomson LLP, Bankruptcy, Personal property, Royal Bank of Canada
    Authors:
    Jennifer Babe
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Insolvency proceedings in Canada
    2010-01-20

    introduction

    This document provides a brief overview of insolvency proceedings in Canada. It outlines the Canadian legislative framework and briefly describes the receivership process, the bankruptcy regime and the formal restructuring alternatives available to debtors.

    legislative framework

    Filed under:
    Canada, Insolvency & Restructuring, McMillan LLP, Bankruptcy, Debtor, Collateral (finance), Personal property, Liability (financial accounting), Liquidation, Secured creditor, US Federal Government, US Constitution, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    McMillan LLP
    Canadian insolvency law amendments: focus for equipment financiers
    2009-10-27

    On September 17, 2009 our firm published a summary of recent amendments (the "Amendments") to Canada’s Bankruptcy and Insolvency Act ("BIA") and Companies’ Creditors Arrangement Act ("CCAA"). This summary provided a detailed review of the significant legislative changes that were brought into force on September 18, 2009.

    Filed under:
    Canada, Asset Finance, Insolvency & Restructuring, Cassels Brock & Blackwell LLP, Debtor, Personal property, Common law, Secured creditor, Credit rating agency, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Joseph Bellissimo , Jonathan Fleisher
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Page 3
    • Current page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days