A summary of recent Canadian insolvency-focused court decisions.
Does a consent judgment on a fraud action with no mention of fraud on its face survive bankruptcy? MOS is a licenced mortgage brokerage. It held a third charge against a property owned by Heidary. MOS and Heidary agreed to the terms of a new…
Should senior secured lenders be placed in a separate class from subordinate secured lenders?
When is a connection between the deceitful conduct and the loss too remote to grant an exclusion under section 178(1)(e) of the BIA?
Can a lender obtain protection from the court against claims of improvident sale without the involvement of a receiver in the sale process?
Is a statue-barred debt a claim provable in bankruptcy?
What does the new duty of good faith under s. 4.2 of the BIA require in the context of a receivership application?
Can a trustee initiate an equalization claim under the Family Law Act?
What information does a court require on an interim hearing for a CBCA arrangement?
Can a contract providing for an option to purchase land be disclaimed?
When will a court grant leave to appeal under section 193 of the BIA?