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ARTICLE · 03 MAY 2019

Protections for CCAA

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The treatment in the CCAA of post-filing expenses is a loose patchwork of provisions covering taxation, rent, post-filing provision of goods and services and others.

United StatesCorporate/Commercial Law

The treatment in the CCAA of post-filing expenses is a loose patchwork of provisions covering taxation, rent, post-filing provision of goods and services and others. The statute creates a rough framework that has only begun to be explained by the courts. This section outlines the protections for the supply of goods or services (including employment), leases and licenses and taxation. As "Recent developments questioning the protection and scope of post-filing obligations" details below, some of these threads have begun to unravel and the boundaries of the protection for post-filing expenses have been questioned.

Suppliers

Unlike the U.S. Bankruptcy Code, the CCAA does not require post-filing suppliers of goods and services to be paid, nor generally does it provide such suppliers with a priority charge for obligations that are incurred by the post-filing debtor. Instead, section 11.01 specifies the court cannot prohibit a person from requiring immediate payment or

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