Issues for Litigation
Date:
March 14 2011
The Bankruptcy and Insolvency Act, RSC 1985, c. B‐3 (the “BIA”) was recently amended to repeal the settlement and reviewable transaction sections of the Act, and replaced these sections with provisions regarding transfers under value and preferences. The aim of these new provisions is to prevent bankrupts from unfairly preferring certain creditors over others and to prevent bankrupts from transferring assets for significantly less than they are worth.
In this paper, Christopher Ramsay and Jessica Fabbro discuss some of the litigation issues facing counsel in bankruptcy and insolvency matters and will briefly highlight the following areas:
- Fraudulent Preferences and Transfers at Undervalue
- Section 138 Claims
- Appeals from Disallowances of Claims by Trustees: True Appeals or Hearings de novo?
- Section 163 Examinations
- Waiving Solicitor/Client Privilege on behalf of a Bankrupt Company
- Claiming Legal Costs in an Insolvency Proceeding
- Ethical Issues in Bankruptcy and Insolvency – Ex Parte orders
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