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ARTICLE · 10 FEBRUARY 2023

An Encore: Annulling The Bankruptcy Proceedings

MLT Aikins LLP
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Following the conclusion of the EncoreFX Proceedings under the Companies' Creditors Arrangement Act ("CCAA"), Ernst & Young Inc.

CanadaInsolvency/Bankruptcy/Re-Structuring

Following the conclusion of the EncoreFX Proceedings under the Companies' Creditors Arrangement Act (“CCAA”), Ernst & Young Inc. (“EY,” initially the “Trustee,” and then the “Monitor”) brought an application on behalf of EncoreFX to annul EncoreFX's prior assignment in bankruptcy.

On January 10, 2023, the B.C. Supreme Court rendered its decision in EncoreFX Inc. (Re), 2023 BCSC 39, a case involving a B.C.-based foreign exchange service that filed for bankruptcy in March, 2020, and then obtained an initial order under the CCAA on March 30, 2021.

The details of Encore FX's bankruptcy proceedings

EncoreFX provided foreign exchange risk management services and cross-border payment services to small and medium enterprises. Its services included foreign exchange spot transactions, foreign exchange derivative contracts (including forward contracts and options) and payment processing services.

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