Bankruptcy and Insolvency Law in Canada PDF Download
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Author: Stephanie Ben-Ishai
Publisher: Political Animal Press
ISBN: 9781895131406
Category :
Languages : en
Pages :
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Author: Stephanie Ben-Ishai
Publisher: Political Animal Press
ISBN: 9781895131406
Category :
Languages : en
Pages :
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Book Description
Author: Virginia Torrie
Publisher: University of Toronto Press
ISBN: 1487534132
Category : History
Languages : en
Pages : 317
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Book Description
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.
Author: John David Honsberger
Publisher:
ISBN: 9780779879823
Category : Bankruptcy
Languages : en
Pages : 830
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Book Description
Author: Michael Murray
Publisher: Lawbook Company
ISBN: 9780455236919
Category :
Languages : en
Pages :
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Book Description
The ninth edition of Keay's Insolvency has come at a time when major insolvency reforms, foreshadowed in previous editions, have just been announced. While none of these has become law, the authors have introduced readers to the proposed changes and the considerable impact they will have on the operation of the law and the administration of insolvencies. These include the introduction of a safe harbour defence to insolvent trading, allowing more emphasis on informal restructuring, restrictions on counter-parties terminating contracts under "ipso facto" clauses, and allowing small companies to go through a streamlined liquidation process. The timing of these reforms, and their significance, is such that those studying and practicing in insolvency need to have an understanding of what is coming, which Keay will provide, even if by way of brief comment at various points throughout. Those reforms have confirmed the authors' continued and increased focus on corporate restructuring law and practice, including outside the context of formal insolvency, an on-going trend in Australia, and internationally. This edition also has new commentary on the roles and duties of lawyers acting in insolvency. PPS law and practice and further embedded in the commentary, along with cross-border insolvency, tax, banking and other related laws. The text has necessarily been updated with commentary on new and important case law, with an emphasis on decisions from the High Court and Courts of Appeals, or on decisions that add new perspectives on the law and practice. The authors have given greater emphasis to legal and insolvency practice - with references throughout to ASIC and AFSA regulatory guidance, Court rules, the ARITA Code, tax issues and forms. Useful tables have been added to explain the details in the text and each chapter now has a summary table of references to the particular parts of the legislation, regulatory guidance, and court rules. The book also cross-references to cases in the new case book, Insolvency Law - Commentary and Materials. Commentary on the statistical trends available from the October 2015 annual reports of the regulators, and other data, is explained, in particular in as far as they may support the law reform trends. The final chapter in the last edition of the text critically assessed Australia's insolvency regime. The authors stand by that commentary and have necessarily updated and added to it in light of the law reform announcements, remaining of the view that while the laws work well enough, the environment local and international environment in which they operate has significantly changed such that, while the reforms are welcomed, a wholesale review of the regime in Australia is still needed. The authors are pleased to see the recognition given to Australian insolvency law and practice through the election of Mr Mark Robinson of PPB Advisory as President of INSOL International in 2015, and of Professor Rosalind Mason, of Queensland University of Technology (QUT), as Chair of INSOL Academics. Both have contributed enormously to the development of the practice and law of insolvency both in Australia and internationally. We are very pleased to have Mark Robinson contribute a foreword to this edition of the book. Michael Murray remains a visiting fellow at the Queensland University of Technology, and is now a Fellow of the Australian Academy of Law, and continues to work in and contribute to the development and thinking of insolvency and restructuring law, practice and policy. Jason Harris is now an Associate Professor in Law at the University of Technology, Sydney, and continues to teach and write extensively in the area, in particular in corporate law and restructuring. Each brings his respective knowledge, experience and thoughts to this important area of law and practice.
Author: Lazar Sarna
Publisher: Markham, Ont. : LexisNexis Canada
ISBN: 9780433450818
Category : Directors of corporations
Languages : en
Pages :
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Book Description
Author: Lewis Duncan
Publisher: Toronto: Canadian Legal Authors, Limited
ISBN:
Category : Bankruptcy
Languages : en
Pages : 1230
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Book Description
Author: Richard H. McLaren
Publisher: Canada Law Book
ISBN: 9780888041470
Category : Bankruptcy
Languages : en
Pages :
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Author: Anna Jane Samis Lund
Publisher: UBC Press
ISBN: 0774861444
Category : Law
Languages : en
Pages : 238
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Book Description
Mortgages, student loans, credit cards: debt is a ubiquitous component of daily life in Canada. But our attitudes toward debt, and the people who incur it, are complex. Trustees at Work explores the role bankruptcy trustees play in determining who qualifies as a deserving debtor under Canadian personal bankruptcy law. When debt becomes unmanageable, the bankruptcy and insolvency system provides relief – though not to everyone. The architects of the system have restricted access to this benefit by developing methods to distinguish deserving from undeserving debtors. The idea of a deserving debtor is woven throughout bankruptcy law, with debt relief being reserved for those debtors deemed deserving. The legislation and case law invite trustees to assess debtors based on their pre-bankruptcy choices, but in practice, trustees evaluate debtors based on how cooperative the debtors are during bankruptcy proceedings. Using insights from the sociology of emotion, Anna Jane Samis Lund reveals how carrying out emotional labour shapes an insolvency professional’s assessments of a debtor’s deservingness. Trustees at Work also includes interviews and statistical data to explain how the financial and emotional pressures of trustees’ work shape their decision-making process. Ultimately, it shows how insolvency trustees’ conceptions of a deserving debtor are shaped by the financial, legal, and emotional contexts in which they work.
Author: David E. Baird
Publisher: Thomson Carswell
ISBN: 9780779822454
Category : Bankruptcy
Languages : en
Pages : 0
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Book Description
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.
Author: KEVIN P. MCELCHERAN
Publisher:
ISBN: 9780433500711
Category :
Languages : en
Pages :
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Book Description
