Insolvency law cuts across almost every field of private law. The rights that are created in other fields of law can no longer be vindicated in the usual forum through the ordinary civil process once insolvency proceedings are commenced. Instead, the rights are enforced through the insolvency proceedings, and in some cases the nature and characteristics of the rights are significantly transformed. The impact of insolvency law on social and economic conditions both within Canada and worldwide is equally breathtaking. The fate of the Canadian blood supply system, the future of our national airlines, the recovery afforded to victims of institutional abuse, and the survival of entire communities have all hung in the balance.

Bankruptcy and Insolvency Law is the most up-to-date treatise on the subject currently available in Canada. The book is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. By focusing on the underlying principles of insolvency law the reader can see how these principles work in a variety of different situations and contexts. This, in turn, affords a deeper understanding of their nature and operation. It provides a careful and concise review of case law along with authoritative commentary on the issues facing those practising and adjudicating in the field. The book will appeal to judges and seasoned practitioners as well as to lawyers, other professionals, and students new to the field.

Summary Table of Contents

Chapter 1: An Introduction to Insolvency Law

Part One: Bankruptcy Law
Chapter 2: The Foundations of Bankruptcy Law
Chapter 3: Commencement Of Bankruptcy
Chapter 4: Property of the Bankrupt
Chapter 5: Proprietary Claims of Third Parties
Chapter 6: Preserving the Bankrupt Estate
Chapter 7: Enhancing the Bankrupt Estate
Chapter 8: Administering the Bankrupt Estate
Chapter 9: The Proof, Valuation, and Payment of Claims 241
Chapter 10: Discharge of the Bankrupt

Part Two: Commercial Restructuring Law
Chapter 11: The Foundations of Commercial Restructuring Law
Chapter 12: Commencing Restructuring Proceedings
Chapter 13: Operating the Business
Chapter 14: Governance and Supervision
Chapter 15: Claims and Priorities
Chapter 16: Developing and Approving the Plan

Part Three: Receivership Law
Chapter 17: The Foundations of Receivership Law
Chapter 18: Commencement, Administration, and Supervision of the Receivership
Chapter 19: The Status, Powers, Duties, and Liabilities of the Receiver

Part Four: Other Insolvency Regimes
Chapter 20: Alternatives to Consumer and Farm Bankruptcy
Chapter 21: Specialized Insolvency Regimes
Chapter 22: Cross-Border Insolvencies