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ARTICLE · 12 OCTOBER 2021

Chapter 11 And CCAA - A Cross-Border Comparison

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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A Comparison of the Key Differences Between Chapter 11 of the U.S. Bankruptcy Code and the Companies' Creditors Arrangement Act.

CanadaInsolvency/Bankruptcy/Re-Structuring

A Cross-Border Comparison

A Comparison of the Key Differences Between Chapter 11 of the U.S. Bankruptcy Code and the Companies' Creditors Arrangement Act.

Chapter 11

Concept

CCAA Equivalent

A debtor need not be "insolvent" to file a voluntary Chapter 11 petition.

Insolvency Prerequisite

A debtor may make a voluntary application for relief under the Companies' Creditors Arrangement Act (CCAA) and, to be granted such relief, the debtor must, among other things:

  1. be "insolvent" or committed an "act of bankruptcy" as defined in the Bankruptcy and Insolvency Act
  2. have in excess of C$5-million in liabilities (or in the case of a corporate group, have in excess of C$5-million in the aggregate); or

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