36778 Ad Hoc Group of Bondholders v. Ernst & Young Inc. in its capacity as Monitor et al.
(ON)
Commercial law – Bankruptcy and insolvency – Interest
On February 1, 2016, the Superior Court of Québec delivered its judgment in the important Kitco Metals Inc. case 1.
36728 Enmax Power Corporation, Altalink Management Ltd., in its capacity as general partner of Altalink, L.P., EPCOR Distribution & Transmission Inc. v. Alberta Utilities Commission, Office of the Utilities Consumer Advocate of Alberta
- and between -
FortisAlberta Inc., Altagas Utilities Inc., ATCO Gas and Pipelines Ltd., ATCO Electric Ltd. v. Alberta Utilities Commission, Office of the Utilities Consumer Advocate of Alberta
Secured creditors should take note of Callidus,1 wherein the Federal Court (the “Court”) held that the bankruptcy of a tax debtor rendered a statutory deemed trust under section 222 of the Excise Tax Act (the “ETA”) ineffective as against a secured creditor who, prior to the bankruptcy, received proceeds from the tax debtor’s assets.
Background
How To Enter The Canadian Market: A Legal Road Map Fogler, Rubinoff LLP Barristers & Solicitors 95 Wellington Street West, Suite 1200 Toronto-Dominion Centre Toronto ON M5J 2Z9 T: 416.864.9700 F: 416.941.8852 www.foglers.com Michael S. Slan With the assistance of Pinar Ozyetis and other contributors TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 LEGISLATIVE JURISDICTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
On November 14, 2015, the Supreme Court of Canada rendered three decisions on the application of the the Bankruptcy and Insolvency Act, RSC 1985, c. B-3 (BIA) and its interaction with certain provincial statutes.
OVERVIEW OF THE FACTS
In handing over any documents in litigation or Court process, you must assess whether or not the documents have tax relevance.
Can you prefer one creditor by arranging a third party loan, the proceeds of which are paid directly to that creditor, without the arrangement being void against your trustee in bankruptcy? “Yes” says the Full Federal Court – thus confirming an important distinction between personal and corporate insolvency.
Rambaldi (Trustee) v Commissioner of Taxation, in the matter of Alex (Bankrupt) [2017] FCAFC 217
This article was first published in the Australian Financial Review on Thursday, 22 February.
In the five years to November 2017, AUD1.8 billion of GST revenue was written-off due to phoenixing – where companies are stripped of assets and liquidated, then restarted under a different name leaving creditors out of pocket.
The Year Brick & Mortar Got a Bankruptcy Makeover
What Fashion and Luxury Goods Companies Need to Know About Restructuring and Bankruptcy
Los Angeles / New York / San Francisco / Washington, DC
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Introduction
Understanding the Issues, Causes, Tools for Distressed Retail Situations & What Lies Ahead for 2018