Can a creditor file a claim after a dividend has been declared when it did not file a proof of claim within the time limited by the BIA?
A summary of recent Canadian insolvency-focused court decisions.
Is a receiver bound to arbitration clauses in contracts a debtor was party to?
Will a lack of independent legal advice invalidate a guarantee?
Can a debtor be forced to disclose privileged information in an insolvency proceeding?
Can a receiver be privately prosecuted?
Is the ultimate sale price the most important factor in the Soundair test?
Can real estate commissions owing to agents be protected as trust funds in an insolvency?
Are the activities of a debt consulting business in breach of the BIA?
Can a transaction fee have priority over other post-filing liabilities without a court-ordered charge?
How far can a person go in criticizing a trustee and other professionals in a bankruptcy?