A summary of recent Canadian insolvency-focused court decisions.
Is pre-bankruptcy defamatory conduct a bar to discharge? The Bankrupt brought an application for an absolute discharge. One of his creditors, who obtained a judgment and costs against him in a defamation action, opposed the discharge. The proven claims in his bankruptcy consisted of the…
Can a declaration under s. 178 of the Bankruptcy and Insolvency Act be made on a motion for default judgment?
What is the test for the transfer of bankruptcy proceedings to another court? The husband and wife married in September 2002 and separated in September 2018. After immigrating to Canada, the husband incorporated Cellicon for the purpose of operating his cell phone business. Because of…
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?