A curation of recent Canadian insolvency-focused articles.

Transferring Assets in a Receivership in Canada? Is it Vested or Not?

Steve Weisz, Caitlin Fell and Alex Don of Brauti Thorning Zibarras explain what is at issue in the highly anticipated Third Eye Capital appeal, noting that the decision will significantly impact all parties to restructuring proceedings, including purchasers of distressed assets going forward.

BBB aware: Will today’s economic disruptions impact the corporate bond market?

Michael McTaggart, Josh Beaver and Matt Snow of PwC look back at how the corporate bond market grew following the 2008 financial recession and point out that nearly half of investment grade bonds are now perilously close to being downgraded to junk bond status, which would trigger a host of difficulties for these issuers.

Commercial Landlords: Active Stakeholders in CCAA Restructurings

Mario Forte of GSNH looks at how landlords have come to act as the "official opposition" in complex retail insolvencies and reviews several recent cases that demonstrate the creative and facilitative roles that landlords can take in CCAA restructurings.

A Comprehensive Analysis of Transfers at Undervalue under Section 96 of the BIA – Part 4

Michael Myers of Papazian Heisey Myers wonders why, in at least one recent decision, the Ontario Superior Court refused to even look at the Transfer at Undervalue provisions in the BIA and permitted a spouse to retain her share of a matrimonial home that was given to her for no consideration by a debtor less than one year before the debtor's petition into bankruptcy, stressing that Section 96 of the BIA does not differentiate between 'family assets' and 'non-family assets.'

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