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Restructuring Under The Companies Creditors Arrangement Act
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Author :Canadian Bar Association. National Section on Bankruptcy and Insolvency Publisher : ISBN 13 : Total Pages : pages Book Rating :4.:/5 (277 download)
Book Synopsis Restructuring Under the Companies Creditors Arrangement Act by : Canadian Bar Association. National Section on Bankruptcy and Insolvency
Download or read book Restructuring Under the Companies Creditors Arrangement Act written by Canadian Bar Association. National Section on Bankruptcy and Insolvency and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Reinventing Bankruptcy Law by : Virginia Torrie
Download or read book Reinventing Bankruptcy Law written by Virginia Torrie and published by University of Toronto Press. This book was released on 2020-05-26 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reinventing Bankruptcy Law explodes conventional wisdom about the history of the Companies’ Creditors Arrangement Act and in its place offers the first historical account of Canada’s premier corporate restructuring statute. The book adopts a novel research approach that combines legal history, socio-legal theory, ideas from political science, and doctrinal legal analysis. Meticulously researched and multi-disciplinary, Reinventing Bankruptcy Law provides a comprehensive and concise history of CCAA law over the course of the twentieth century, framing developments within broader changes in Canadian institutions including federalism, judicial review, and statutory interpretation. Examining the influence of private parties and commercial practices on lawmaking, Virginia Torrie argues that CCAA law was shaped by the commercial needs of powerful creditors to restructure corporate borrowers, providing a compelling thesis about the dynamics of legal change in the context of corporate restructuring. Torrie exposes the errors in recent case law to devastating effect and argues that courts and the legislature have switched roles – leading to the conclusion that contemporary CCAA courts function like a modern day Court of Chancery. This book is essential reading for the Canadian insolvency community as well as those interested in Canadian institutions, legal history, and the dynamics of change.
Book Synopsis Baird's Practical Guide to the Companies' Creditors Arrangement Act by : David E. Baird
Download or read book Baird's Practical Guide to the Companies' Creditors Arrangement Act written by David E. Baird and published by Thomson Carswell. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author's autobiographical approach, based on 50 years of practicing bankruptcy and insolvency law, furnishes the reader with a detailed outline of how a restructuring under the Companies’ Creditors Arrangement Act (the "CCAA") is planned and implemented. It includes sample precedents and genuine documents from real-life restructurings such as Air Canada, Algoma Steel, and Nortel."--pub. desc.
Download or read book Rescue! written by Janis Pearl Sarra and published by . This book was released on 2013 with total page 1161 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Creditor Rights and the Public Interest by : Janis Pearl Sarra
Download or read book Creditor Rights and the Public Interest written by Janis Pearl Sarra and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Download or read book Rescue! written by Janis Pearl Sarra and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Debt Restructuring by : John David Honsberger
Download or read book Debt Restructuring written by John David Honsberger and published by Canada Law Book. This book was released on 1995-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Minister ... Responds to Nortel Networks' Restructuring Under Companies' Creditors Arrangement Act by : Tony Clement
Download or read book Minister ... Responds to Nortel Networks' Restructuring Under Companies' Creditors Arrangement Act written by Tony Clement and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law and Practice of Restructuring in the UK and US by : Shai Y. Waisman
Download or read book The Law and Practice of Restructuring in the UK and US written by Shai Y. Waisman and published by Oxford University Press, USA. This book was released on 2011-04-07 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.
Book Synopsis Restructuring Review by : Christopher Mallon
Download or read book Restructuring Review written by Christopher Mallon and published by Law Business Research Ltd.. This book was released on 2017-10-11 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Restructuring Review, edited by Christopher Mallon of Skadden, Arps, Slate, Meagher & Flom LLP, seeks to help general counsel, government agencies and private practice lawyers understand the conditions prevailing in the global restructuring market with a view to the coming year, and to highlight some of the more significant legal and commercial developments and trends that are expected to be significant in the future. As tensions in the Middle East, South East Asia and Russia remain unresolved, and the political implications of Brexit and mass immigration continue to be worked out in Europe and beyond, the realisation is dawning on many that a turn in the economic cycle may be approaching and that the severe economic crisis of 2008-9 may not be an isolated event. This book aims to outline the impact of developments like this on the global restructuring market, with in-depth looks at the issue from local experts in 28 jurisdictions. Contributors include: France - Joanna Gumpelson and Philippe Dubois, De Pardieu Brocas Maffei; Hong Kong - Tom Pugh, Mayer Brown JSM; Japan - Nobuaki Kobayashi and Yosuke Kanegae, - Nagashima Ohno & Tsunematsu; Netherlands - Paul Kuipers, Linklaters LLP; Singapore - Kenneth Lim, Allen & Gledhill LLP; Spain - Alberto Nunez-Lagos, Uria Menendez
Book Synopsis Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy by : Kashyap, Amit
Download or read book Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy written by Kashyap, Amit and published by IGI Global. This book was released on 2018-09-28 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the increasing interdependence of global economies, international relations are becoming a more complex system. Through this, the growth of any economy is dependent upon the ease of business transactions; however, in recent times, there has been a growing impact of corporate insolvency law. Corporate Insolvency Law and Bankruptcy Reforms in the Global Economy is an essential reference source that discusses the importance of insolvency laws in the financial architecture of emerging economies, as well as its fundamental issues. Featuring research on topics such as business restructuring, debt recovery, and governance regulations, this book is ideally designed for law students, policymakers, economists, lawyers, and business researchers seeking coverage on the jurisprudence and policy of corporate insolvency law in a globalized context.
Author :Eyal Geva Publisher :Library and Archives Canada = Bibliothèque et Archives Canada ISBN 13 :9780612954236 Total Pages :140 pages Book Rating :4.9/5 (542 download)
Book Synopsis The Role of a Court-driven Reorganization Scheme Under the Companies' Creditors Arrangement Act in Corporate Governance [microform] by : Eyal Geva
Download or read book The Role of a Court-driven Reorganization Scheme Under the Companies' Creditors Arrangement Act in Corporate Governance [microform] written by Eyal Geva and published by Library and Archives Canada = Bibliothèque et Archives Canada. This book was released on 2004 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis is concerned with Corporate Reorganization under the Companies' Creditors Arrangement Act (R.S.C. 1985, c. C-36; the "Act"). While empirical studies fail to show conclusive results, it is argued in this paper that reorganizations under the Act may have resulted in the demise of private governance mechanisms and the subsequent increase in interest rates and monitoring costs; that management has a strong incentive to turn to reorganization in order to preserve their jobs; that the employees of the firm are not necessarily better off under the Act's regime, and concludes with stating that the creditors' consent to the plan, does not in itself justify the procedure that is deemed inefficient. Thus, this paper suggests that the free market, as a catalyst to restructure, would serve as a better solution to the problem of troubled firms and calls for the decreased use of the Act, as well as for a more narrow, rigid and self restrained interpretive approach towards the Act.
Book Synopsis The Role of a Court-driven Reorganization Scheme Under the Companies' Creditors Arrangement Act in Corporate Goverance by : Eyal Geva
Download or read book The Role of a Court-driven Reorganization Scheme Under the Companies' Creditors Arrangement Act in Corporate Goverance written by Eyal Geva and published by . This book was released on 2006 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The European Restructuring Directive by : Gerard McCormack
Download or read book The European Restructuring Directive written by Gerard McCormack and published by Edward Elgar Publishing. This book was released on 2021-04-30 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.
Book Synopsis Developments and Trends in the Companies' Creditors Arrangement Act by : Alec Zimmerman
Download or read book Developments and Trends in the Companies' Creditors Arrangement Act written by Alec Zimmerman and published by . This book was released on 1991 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Indalex written by Jassmine Girgis and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: On February 1, 2013, Supreme Court of Canada (“SCC” or “Court”) released its much awaited decision, Sun Indalex Finance, LLC et al. v. United Steelworkers et al. The case involved a company, Indalex, that was pursuing restructuring proceedings under the Companies' Creditors Arrangement Act. Prior to its restructuring, Indalex had been failing to meet its employer contribution obligations to the company's pension plan and when the pension plan was wound up, there was a deficiency in the funds. During its restructuring, Indalex obtained debtor-in-possession (“DIP”) financing to fund its operations and when it subsequently sold its business, the proceeds of the sale were not enough to pay its creditors. The members of the pension plan claimed that the shortfall in the pension plan entitled them to a super-priority, such that their claim would be paid before the DIP lenders.There were two main findings by the Court. With regard to the deemed trust, the Court was split but it upheld the finding of the Ontario Court of Appeal that a deemed trust had arisen under the Pension Benefits Act in favour of the pension holders for the wind-up deficiency payments. However, the SCC overturned the Ontario Court of Appeal in its finding of the priority of the deemed trust, unanimously maintaining that the deemed trust would not be granted super-priority over the DIP lenders.The Court also unanimously agreed with the Ontario Court of Appeal in its findings on the existence of a fiduciary duty owed by Indalex as administrator of the pension plans, and on Indalex's breach of that duty. A majority of the Court, disagreed, however, with the Ontario Court of Appeal's remedy for that breach, finding that the imposition of a constructive trust was not appropriate.This comment will address two issues arising from the decision. First, the priority afforded to the DIP lender over the pensioners has caused considerable disappointment. Pensioners and other creditors are vulnerable against DIP lenders and it can seem considerably unfair and unjust. The priority afforded by the Court, however, is arguably ultimately justified when the reasons for DIP priority are articulated. Second, the priority of DIP lenders over deemed trusts will be examined, and the way the doctrine of federal paramountcy can operate between provincial legislation and the CCAA will be addressed.
Book Synopsis Comparative Insolvency Law by : Bo Xie
Download or read book Comparative Insolvency Law written by Bo Xie and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-pack approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings.
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