2nd edition (New edition)

Bankruptcy and Insolvency Law, 2/e

Overview

This book examines the legal framework that governs bankruptcy and insolvency law in Canada. It is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. This edition takes into account the recent caselaw on the extensive 2009 amendments to the federal insolvency statutes, and examines several new Supreme Court of Canada decisions. Additionally, new topics, such as the anti-deprivation principle in bankruptcy law and the use of arrangements by insolvent corporations, are introduced. The book will appeal to judges, seasoned insolvency lawyers, and insolvency professionals as well as to students and others new to the field.

The new edition of this book:

  • takes account of the numerous judicial decisions that have interpreted the 2009 amendments to the federal insolvency statutes;
  • discusses the major Supreme Court of Canada decisions on insolvency law rendered over the past five years, including Century Services Inc v Canada (Attorney General) (the exercise of judicial authority under the CCAA); Schreyer v Schreyer (matrimonial property law and bankruptcy);  Newfoundland and Labrador v AbitibiBowater Inc (environmental remediation claims); and Sun Indalex Finance, LLC v United Steelworkers (pension rights and fiduciary obligations); and
  • contains new sections on important topics including the anti-deprivation rule of bankruptcy law; roll-ups, stalking horse bids, credit bids and third party releases in restructuring proceedings; and the use of Canada Business Corporations Act arrangements by insolvent corporations.

Table of Contents

Preface to the Second Edition
Preface to the First Edition

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
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

Table of Cases
Index
About the Author

Of interest...