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- Vancouver insolvency solutions and commercial litigation lawyers.
Posts by category
- Category: Alternatives to Bankruptcy
- Category: Bankruptcy and Insolvency
- The Duty of Good Faith in the Context of Insolvency Proceedings
- Representative Counsel in Restructurings
- Receiver Claims Under Contract While Ignoring Arbitration Clause
- Extending a Notice of Intention to File a Proposal Beyond 6 Months Permitted in Covid-19 Pandemic
- British Columbia Court Grants Reverse Vesting Order in Contested Proceedings
- “Anti-deprivation” Rule Confirmed
- Restructuring of Insolvent Co-operatives
- Trustee’s Entitlement to Fees from Trust Property not Owned by the Bankrupt
- Extension of the Redemption Period in Foreclosure Actions and Dueling Valuations
- Court Appointment of Receiver not Automatic
- Creditor Forced to Continue Supplying Insolvent Customer
- Creditor Protection Increasingly Needed
- Renewing a Judgment Against a Bankrupt
- Extension of Timelines in Insolvency Proceedings
- Another Canadian Landmark Enters Bankruptcy Protection
- Cannabis Troubles Continue
- British Columbia Fitness Chain Seeks Creditor Protection
- Director’s Liability and COVID-19
- Cannabis Businesses and Insolvency – A Whole New Frontier
- CCAA offers struggling corporations a way to avoid bankruptcy
- Landlord’s Rights Under Letter of Credit Limited by Tenant’s Bankruptcy
- Bankruptcy, Secured Creditors, and the Superintendent’s Levy
- Ontario Court provides guidance on non-arm’s length transactions
- No personal bankruptcy laws in China
- Transfers to family members upheld following bankruptcy
- Bill C97
- Priority of Receiver’s Charge for Fees and Disbursements
- Landlord rights in bankruptcy: Trustee’s disclaimer of lease eliminates claim for unsecured damages
- Late Filing of Proof of Claim in Bankruptcy
- Supreme Court of Canada finds bankrupt energy company cannot ignore environmental obligations
- Fonts prove forgery
- Only Creditors have Standing in Bankruptcy Proceedings
- Federal funds for laid-off workers increased
- Creditor’s inattention to proposal terms leads to release of joint debtor
- Canadian debt at pre-recession levels
- Pemberton music festival ticket holders lose out
- CCAA under siege in 2018
- DIP priority – who’s on first?
- CCAA stays – Putting the freeze on creditors
- Deemed trust liability
- Environmental claims: Lenders, beware of cleanup obligations
- Error and estoppel in creditor claims
- Insolvency — set-offs vault over court stays
- Insolvent Individuals
- Shifting priorities in insolvency
- Equitable subordination – will it find a home in Canada?
- Directors’ liability – Duties during insolvency
- Insolvency and environmental claims
- Pursuing claims in bankruptcy
- Bankruptcy and creditors’ rights
- Director liability during bankruptcy
- Acquiring a distressed business
- Priority of creditors in bankruptcy
- Approval thresholds for BIA and CCAA proposals to creditors
- Enforcing security against farmers – the farm debt mediation act
- Assignment into bankruptcy – ways it can happen
- Cross-border insolvency in Canada
- Overview of Canadian insolvency legislation
- WEPP – How outstanding wages are handled during bankruptcy
- Filing a division i proposal – a quick overview
- Redwater case update: appeal may impact environmental claims in bankruptcy
- Transactions that may be voided in bankruptcy
- Bankruptcy and insolvency act offences — types, detection, penalties
- Contempt motions can be stayed by bankruptcy proceedings
- When bankruptcy benefits secured creditors
- The bankruptcy process – a quick overview
- Creditors mount as oil companies continue to struggle
- When bankruptcy discharge is denied
- Automatic bankruptcy discharge – how and when?
- Creditor priority during bankruptcy – who gets paid first
- Complications in bankruptcy during a hot housing market
- Business bankruptcy exemptions- What gets seized, and what you keep
- Bankruptcy offences – Two recent cases result in criminal charges, a third affirms the sentence on appeal
- Canadian insolvency rates up and down – Alberta hurting
- New development in oil and gas environmental claims in a bankruptcy
- Secured creditors must give ten days’ notice
- Bankruptcy versus “bankruptcy protection”
- Debts that stick – even after bankruptcy wipes the slate clean
- Bankruptcy versus insolvency – bankrupt or just broke?
- Developer’s decision to manage debt under court protection
- Options may be available to businesses considering bankruptcy
- Category: BIA Liquidation
- Category: Business Bankruptcy
- Category: Business Restructuring and Workouts
- Retail Businesses Continue to Suffer
- Another one bites the dust: Roxodus Music Festival declares bankruptcy
- No new consideration required for modification to an agreement
- Full indemnity costs in CCAA proceedings
- Trading while insolvent
- Restructuring proposals for smaller companies
- Stay of proceedings reorganization proceedings – its effects and duration
- Corporate restructuring under the BIA and CCAA – Key differences
- When proposals fail
- Insolvent home building business seeks new lease on life
- Creditor wants debtor company to plan for potential liquidation
- Category: Cannabis
- Category: CCAA Restructuring
- Category: Co-operatives
- Category: Commercial Lease Disputes
- COVID-19 FAQ: Commercial Rents and GST Remittances
- Shareholder disputes: oppression v. derivative action
- Shareholder disputes: court-ordered investigations
- Commercial landlord’s right of re-entry
- Commercial landlord remedies: Terminating the lease and re-entering
- Commercial landlord remedies for non-payment
- Landlords’ distress remedy – Important timing considerations
- Further cautions for landlords turning to rent distress
- Distress – tread carefully with lease disputes’ self-help remedy
- Inconsistent actions by landlord free tenant from future rents
- Commercial lease disputes
- Pre-lease representations sink landlord
- How NOT to deal with tenants in arrears
- Category: COVID-19
- Category: Creditor Claims and Remedies
- Priority of Judgment Creditors in a Foreclosure Proceeding
- Limits on CCAA Court’s Broad Jurisdiction
- Dismissal for Delay and Removal of Certificate of Pending Litigation (CPL)
- Insolvency and Deceased Persons – Part 2
- Insolvency and Deceased Persons – Part 1
- Prepayment penalties in loan agreements
- Trustee’s disallowance of claim a reminder to creditors to take proofs of claims seriously
- Passive Participation in a Fraud can Still Result in Criminal Sanctions
- Third major tobacco company takes creditor protection
- Failure to pay judgment results in contempt order
- Secured lenders receiving payments in good faith without notice obligated to remit debtor’s unpaid GST
- Recovering the excess from net winners in a Ponzi scheme
- Resetting the limitations clock in actions to recover debts
- Shareholder disputes: oppression remedies
- Deemed trust amounts
- Receivership – debt collection remedy for secured creditors
- When bankruptcy reshuffles the priority of creditors
- Unpaid suppliers’ rights to repossess goods…on certain conditions
- Category: Creditor-Proofing - Myths and Reality
- Category: Financing Disputes
- Category: Firm News
- Geoffrey Dabbs provides commentary on failed music festival.
- Greg Gehlen addresses CBA section meetings
- Gregory Gehlen presents paper at recent seminar
- Gehlen Dabbs well-represented at recent seminar on bankruptcy and Insolvency
- Geoffrey Dabbs chairs annual and semi-annual general meetings of co-operative housing federation of BC
- Gregory Gehlen contributes insolvency chapter to annual review
- Category: Housing Co-ops
- Category: Insolvency and Restructuring
- Category: News
- Canadians Top G7 in Debt Servicing
- Vancouver Mortgage Defaults Grow
- Second Cryptocurrency Exchange under Court Protection in Canada
- Creative Lending Arrangements can Have Unintended Consequences
- Post-filing suppliers of goods and services in CCAA proceedings
- Alberta Court of Appeal confirms priority of “priming” charges over statutory deemed trusts
- Parents’ Loan Saved by Resulting Trust
- Changes to legislation increase directors’ liability
- Honest disclosure of assets
- Another logging company announces cutbacks
- The risk of joint ownership of property as an estate planning tool
- British Columbia Personal Property Security Act updates rules for determining location of debtor
- Retail landlords look at becoming retail lenders
- Chinese debtors face public shaming – at the movies
- Home renovations down again last quarter
- Bankrupt faces resurrected mortgage debts following discharge
- CRA deemed trusts for GST/HST and bankruptcy
- Pleading claims that survive bankruptcy
- Cooling Vancouver real estate market may spell trouble for overleveraged homeowners
- Limitation periods – Discovery by a proposal vs bankruptcy Trustee
- Exempt assets and discharge from bankruptcy
- Critical illness benefit payment determined to be compensation for “pain and suffering” and exempt from distribution in bankruptcy.
- Court costs awarded against trustee in bankruptcy personally
- Examination of bankrupts
- A bank’s obligation to act in good faith
- Further signs of Vancouver’s real estate declining
- Fraudster unable to unwind own fraud
- Exemption of RRSP and RRIF accounts from seizure
- Proposal creditors attacking the claims of other proposal creditors
- Setoff not available following bankruptcy
- Superintendent’s levy on secured claims in failed proposal proceedings
- Limitation periods, proposals and bankruptcies
- Defective security agreement found to be enforceable as against bankrupt
- Attacking creditor-proofing transactions
- Understanding basic insolvency terms
- Claims by regulatory bodies and bankruptcy
- BC court of appeal provides insights on determining fair market value of assets transferred by bankrupts
- True lessors are generally exempt from professional fee allocations under the CCAA
- Pre-sale real estate contracts unwound
- Canadians filing consumer proposals in record numbers
- Gwizd, (Re), 2017 BCSC 1975 – A bankrupt’s equity in real property and agreements with the trustee
- Builders’ lien trust in bankruptcies
- Third party funding of litigation in insolvency
- Canada post latest big insolvency?
- Treatment of claims in insolvency proceedings – Debt vs. Equity
- Deemed trust has limits
- Lifting stay of proceedings against a bankrupt
- Burden of proof
- Receivers not entitled to blanket releases
- Walter energy – restructuring options
- Piercing the corporate veil – in reverse
- Landlords’ claims in insolvency proceedings
- Assignment of claims in bankruptcy
- Inspectors protected by s. 215
- Proofs of claim and judgments
- Dividends in bankruptcy
- Internet auctions
- Strata corporations and “significantly unfair”
- Director liability and “due diligence” defence
- Trustee’s report permitted in lieu of affidavit
- First creditor’s costs in bankruptcy
- Wage earner protection program
- Category: Provincial Business Practices and Consumer Protection Act debt settlement BC
- Category: Real Estate Contracts
- Category: Shareholder Disputes
- Category: Small Claims Court Landlord Tenants
- Category: Strata Property Disputes
- Strata dispute resolution mechanisms: Going to court
- Strata dispute resolution mechanisms: resolving conflicts internally
- Strata dispute resolution mechanisms: civil resolution tribunal
- Strata dispute resolution options
- Strata corporations can now terminate with an 80 per cent vote
- Strata council prevails in dispute over restricted condo rentals
- B.C.’s civil resolution tribunal now operational
- Resolving strata disputes
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Services
- Court-Appointed Administrators
- Financing
- Human Rights Disputes
- Occupancy Agreements and Membership Terminations
- Assessment of Professional Fees
- Commercial Lease Disputes
- Housing Co-operatives
- Commercial Disputes
- Sheltering Assets
- Distressed Business Acquisitions
- Bankruptcy
- Creditor's Remedies, Including Foreclosure
- Security Recovery, Including Receiverships
- Corporate Restructuring And Workouts
- Strata Governance
- Co-op Rules, Meetings and Governance
- Shareholder Disputes
- Strata Dispute Solutions
- Insolvency Solutions