1,892 results found

A common contractual lien found in the oil and gas industry is the “Operator’s Lien”. Operator’s Liens are explicitly created pursuant to s. 505 of the 1990 CAPL Operating Procedure (the “Operating Procedure”).

On August 15, 2019 Justice D. Blair Nixon gave oral reasons in response to an application for summary dismissal of the claim by PricewaterhouseCoopers Inc. ("PwC"), the bankruptcy trustee for Sequoia Resources Corp....

Lenders should be cognizant that the granting of security by a debtor may be subject to challenge as a fraudulent preference in the event the debtor subsequently files for liquidation or proposal proceedings under the Bankruptcy and Insolvency Act (Canada) (the "BIA") or restructuring proceedings under the Companies’ Creditors Arrangement Act (Canada) (the "CCAA").

Bentham has just celebrated its third anniversary in Canada. Time has flown by and much has changed from the day we opened shop. As I transition home to the Australian corporate mothership, it's a time for reflection.

It is not uncommon for a business to experience financial hardship. If you can identify problems early, you can have a head start in rectifying them.

In a recent decision[1], the British Columbia Supreme Court (the "Court") determined that purported secured loans made by a shareholder were properly characterized as equity contributions...

When an individual or business can no longer keep up with its debt obligations or satisfy its liabilities, it is considered "insolvent".

The Supreme Court of British Columbia made an order that the funds in a Registered Disability Savings Plan (RDSP) could not be seized by the Trustee-in-Bankruptcy of the bankrupt beneficiary to satisfy the claims of creditors.

Business insolvency filings skyrocketed in the third quarter of 2022 as the country grappled with continued interest rate hikes amid the highest inflation seen in decades.

The Receiver and its appointing creditor opposed the Creditor Applications.

The Ontario Court of Appeal recently released a decision allowing a certification application by a union to proceed in the face of a receivership of the employer.

In Callidus Capital Corporation v. McFarlane, the Ontario Court of Appeal reduced the amount of debt a company's President and CEO owed on a guarantee from $3 million to $250,000.

Credit bidding allows a secured creditor to use its debt as currency in a competitive sales process. The traditional court-supervised sales process in proceedings under the Companies’ Creditors Arrangement Act (CCAA) contemplated the solicitation of offers for a debtor’s business, with all offers to be submitted by a court-prescribed deadline.

When a company faces insolvency or bankruptcy, the directors (and sometimes officers) of the company can face personal liability for the company's debts.

A creditor commences an action against a debtor and obtains a judgment after a trial. The debtor then appeals and loses.

Here are just five of the many reasons why retaining experienced bankruptcy and insolvency counsel can make a big difference.

On 1 September 2016, the Korean Court issued orders commencing rehabilitation proceedings for Hanjin and staying proceedings against it and its assets (Korean Orders).

Commercial insolvencies are expected to steadily increase in the near-term due to higher interest rates, supply chain disruption and corresponding increased commodity costs.