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    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
    Supplier's rights under S. 81.1 of the Bankruptcy and Insolvency Act expanded
    2009-04-29

    Section 81.1 of the Bankruptcy and Insolvency Act (“BIA”) grants a temporary super priority to suppliers who provided goods to a bankrupt purchaser or where a receiver has been appointed in relation to the purchaser. The section requires the supplier to provide a written demand to the purchaser and allows the supplier to repossess the goods within thirty days of the date of the delivery of goods.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Bankruptcy, Debtor, Unsecured debt, Secured creditor, Unsecured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Goldman Sachs
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    Approval of cross border DIP financing facilities
    2009-02-27

    In Re Intertan Canada Ltd. (2009), WL 181688 (Ont. S.C.J. [Commercial]), 2009 CarswellOnt 324 [Re Intertan], Morawetz J denied the approval of an amended DIP financing agreement under CCAA proceedings which was granted under the Chapter 11 proceedings in the United States.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Retail, Unsecured debt, Default (finance), Subsidiary, Constitutional amendment, Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Does an execution creditor have priority over unsecured creditors in an insolvency?
    2009-02-18

    An Ontario Court recently confirmed that an execution creditor does not have priority over the unsecured creditors of a debtor upon the insolvency of the debtor even if the judgment creditor is then holding funds of the debtor which it has garnisheed.

    In February 2008, the Superior Court of Justice – Ontario granted Cotton Ginny Inc., CG Operations Limited ("H/O"), CG Operations I Limited and CG Operations II Limited, protection under the Companies’ Creditors Arrangement Act.

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Debtor, Unsecured debt, Capital punishment, Preferred stock, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    Reorganised businesses and insolvencies – tax pitfalls you can avoid
    2008-10-09

    A business you are buying or selling, if reorganised for sale, may be less valuable if you do not avoid tax pitfalls. This note highlights the most common pitfalls, including those related to an insolvency. You can avoid most with planning.

    Reorganisations

    Many businesses will now be considering transactions involving corporate reorganisations. They might want to take advantage of market conditions to buy or be considering the sale of business units to refocus strategy. Or they might become involved in an insolvency or reconstruction.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Dentons, Debtor, Unsecured debt, Value added tax, Accounting, Swap (finance), Debt, Liability (financial accounting), Liquidation, Beneficial ownership, Subsidiary, Stamp duty, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Dentons
    Application for leave to continue action against an insolvent defendant: A balancing act
    2016-06-30

    A case study of W Y Steel Construction Pte Ltd v Tycoon Construction Pte Ltd (in liquidation) [2016] SGHC 80

    Overview

    Filed under:
    Singapore, Construction, Insolvency & Restructuring, Litigation, Dentons, Costs in English law, Unsecured debt, Breach of contract, Debt, Subcontractor, Liquidation, Liquidator (law), Stay of execution, High Court of Justice
    Location:
    Singapore
    Firm:
    Dentons Rodyk
    Reconstructions - tax problems you can avoid
    2008-10-09

    A business you are buying or selling, if reorganised for sale, may be less valuable if you do not avoid tax pitfalls. This note highlights the most common pitfalls, including those related to an insolvency. You can avoid most with planning.

    Reorganisations

    Many businesses will now be considering transactions involving corporate reorganisations. They might want to take advantage of market conditions to buy or be considering the sale of business units to refocus strategy. Or they might become involved in an insolvency or reconstruction.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Dentons, Debtor, Unsecured debt, Value added tax, Accounting, Swap (finance), Debt, Liability (financial accounting), Liquidation, Land value tax, Beneficial ownership, Subsidiary, Stamp duty, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Dentons
    Game over? Court of Appeal has a kick-about with Game administration
    2014-02-26

    The case concerning the Game group of companies' administration has now been played out in the Court of Appeal and the eagerly anticipated judgment has been handed down.

    The issue at stake concerned a landlord's ability to recover rent as an expense of administration (and therefore payable before other creditors) where such rent is payable in advance but where the tenant's administration occurs immediately before a quarter day's rent falling due.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Unsecured debt, Landlord
    Authors:
    Bryan Johnston , Byron Nurse , Jason Sheard
    Location:
    United Kingdom
    Firm:
    Dentons
    CCAA court clarifies position of creditors with liens against third party’s property
    2008-07-31

    In Kerr Interior Systems Ltd., the Court of Queen’s Bench of Alberta discussed a number of issues which arose as a result of two creditors registering builders liens against a third party’s property in Saskatchewan.

    Filed under:
    Canada, Alberta, Construction, Insolvency & Restructuring, Litigation, Dentons, Debtor, Unsecured debt, Beneficiary, Debt, Voting, Secured creditor, Unsecured creditor, Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    Canada
    Firm:
    Dentons

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