Articles

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.

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.

Michael Myers of Papazian Heisey Myers examines the meaning of the word ‘may’ as it is used in section 96 of the BIA, and the extent of the discretion that is afforded to a judge as a consequence.

Michael Myers of Papazian Heisey Myers dives back into his analysis of transfers at undervalue, explaining the difficulties a trustee or creditor can be expected to face when attempting to prove fraudulent intent on the part of the (now bankrupt) debtor.

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.'

Michael Myers of Papazian Heisey Myers argues that the BIA's definition of Transfer at Undervalue is awkwardly drafted and explains how it can become challenging for a trustee or creditor to determine if a transaction can be impugned.

Michael Myers of Papazian Heisey Myers reminds readers that "a debtor must be just before he can be generous" as he outlines the purpose of the BIA Transfer at Undervalue provisions and explains how they differ from provincial statutes such as Ontario's Fraudulent Conveyance Act

Michael Myers of Papazian Heisey Myers notes that trustees and creditors appear reluctant to bring transfer at undervalue litigation and wonders if it is because it is not yet widely appreciated that the courts are empowered to void a transaction at undervalue even when there was no fraudulent intent on the part of the bankrupt transferor.

Rachel Bengino of TGF explains why the Court recently refused to recognize in Canada the debtor-in-possession financing facility granted to Payless Shoes in its US Chapter 11 proceeding.