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    The abuse of business rescue: beware the serial debtor
    2014-12-11

    The advent of the new Companies Act 71 of 2008 (the Act) brought with it a shift from a creditor-protectionist society towards a business rescue model that is debtor-protectionist. In consequence, there has been a swarm of applications taking advantage and exploiting this new scheme. This shift has unfortunately led to considerable abuse of the business rescue procedure.

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Hogan Lovells, Shareholder, Liquidation
    Authors:
    Alex Eliott , Kylene Weyers
    Location:
    South Africa
    Firm:
    Hogan Lovells
    Fraudulent preferences and transfers at undervalue
    2011-03-14

    TheBankruptcy and Insolvency Act, RSC 1985, c. B‐3 (the “BIA”) was recently amended to repeal the settlement and reviewable transaction sections of the Act, and replaced these sections with provisions regarding transfers under value and preferences. The aim of these new provisions is to prevent bankrupts from unfairly preferring certain creditors over others and to prevent bankrupts from transferring assets for significantly less than they are worth.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Shareholder, Debtor, Fraud, Consideration, Legal burden of proof, Conveyancing, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Authors:
    Christopher J. Ramsay
    Location:
    Canada
    Firm:
    Dentons
    Ethical issues in bankruptcy and insolvency
    2011-03-14
    1. Ex ParteOrders

    There are a number of ethical issues facing lawyers today in bankruptcy and insolvency litigation. One of the main issues is the level of disclosure in ex parte applications, such as those for a stay of proceedings in order to file a proposal under the BIA or a plan under theCCAA.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Confidentiality, Bankruptcy, Shareholder, Waiver, Interest, Discovery, Solicitor, Ex parte, Trustee
    Authors:
    Christopher J. Ramsay
    Location:
    Canada
    Firm:
    Dentons
    Ontario courts approve Magna plan of arrangement
    2010-11-12

    Introduction and Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Share (finance), Corporate governance, Shareholder, Board of directors, Legal burden of proof, Voting, Debenture, Bell Canada, Supreme Court of Canada, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    Asset sales in the CCAA
    2009-10-30

    Nortel Networks (“Nortel”) brought a motion seeking approval of the sale of various Nortel assets to Nokia Siemens (“Asset Sale Agreement”), and for approval of a Sale Agreement and Bidding Procedures, advanced by Nortel for the purpose of conducting a “stalking horse” bidding process in respect of its Code Division Multiple Access (“CDMA”) and Long-Term Evolution Access (“LTE”) assets. As of the date of the motion, Nortel had yet to propose a formal plan of compromise or arrangement.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Economy, Good faith, Voting, Stakeholder (corporate), Companies' Creditors Arrangement Act 1933 (Canada), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    CCAA court allows debtor to pay pre-filing unsecured debts
    2009-07-30

    Recently, in Re Eddie Bauer of Canada Inc., Justice Morawetz ordered a debtor was entitled to pay amounts owing for goods and services actually supplied prior to the filing date.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Retail, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Subsidiary
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    The monitor’s power to revise claims after a claims bar date
    2009-06-30

    In Re ScoZinc Ltd., 2009 NSSC 136 the monitor appointed under the Companies’ Creditors Arrangement Act (“CCAA”) brought a motion for directions on whether it had the authority to allow the revision of a claim after the claim’s bar date, but before the date set for the monitor to complete its assessment of claims.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of Alberta, Trustee
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Insolvency and restructuring changes proposed by the State Duma
    2009-01-14

    The business community in Russia is going to see an increase in default claims due to the mounting credit crisis. Many companies will not survive in such an environment and a wave of insolvencies is likely to ensue. The prospect of this has forced the State Duma to focus on developing a robust response. New bills, which would transform the Russian insolvency landscape, are currently under consideration.

    Filed under:
    Russia, Insolvency & Restructuring, Dentons, Bankruptcy, Costs in English law, Shareholder, Debtor, Mortgage loan, Liability (financial accounting), Negligence, Default (finance), International Swaps and Derivatives Association, State Duma
    Location:
    Russia
    Firm:
    Dentons
    Insolvency and restructuring: changes proposed by the State Duma
    2008-12-22

    The business community is going to see an increase in default claims due to the mounting credit crisis. Many companies will not survive in such an environment and a wave of insolvencies is likely to ensue. The prospect of this has forced the State Duma to focus on developing a robust response. New bills, which would transform the Russian insolvency landscape, are currently under consideration.

    Filed under:
    Russia, Insolvency & Restructuring, Dentons, Bankruptcy, Costs in English law, Shareholder, Mortgage loan, Liability (financial accounting), Negligence, Professional liability insurance, International Swaps and Derivatives Association, State Duma
    Location:
    Russia
    Firm:
    Dentons
    Court appoints equitable receiver in the absence of security
    2008-07-31

    In Warren v. Warren the British Columbia Supreme Court recently appointed an equitable receiver over the assets of a judgment to debtor, notwithstanding that the Plaintiff did not have any security.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Legal personality, Shareholder, Debtor, Debt, Subpoena, Line of credit, Capital punishment, SCOTUS, British Columbia Supreme Court, Court of equity
    Location:
    Canada
    Firm:
    Dentons

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