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- Vancouver insolvency solutions and commercial litigation lawyers.
Posts by category
- Category: Alternatives to Bankruptcy
- Category: Bankruptcy and Insolvency
- The reach of Redwater considered in the context of first-priority builders’ liens
- Corporate identification in the bankruptcy context
- Court of Appeal to consider release of student loans on discharge from bankruptcy
- Appeals from the terms of a conditional discharge
- British Columbia Supreme Court clarifies factors considered on an application to appoint a receiver
- Are you a creditor applying for a bankruptcy order? Skip masters chambers and head straight for a judge
- Fresh evidence in a bankruptcy property claim appeal
- Restructuring charges and deemed trust in CCAA proceedings
- Interim approvals of the activities of a receiver
- Insolvency practitioners weigh in on changes to legislation
- The Deemed Trust for Unremitted GST
- Statute-barred claim is NOT a provable claim in bankruptcy
- Granting a CCAA initial order to a bankrupt
- COVID-19 is not an excuse for a fraudulent conveyance
- Consent judgment leads to fraud finding
- Beware the bankruptcy appeal period
- 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
- Five-judge panel considers the objectives of the Companies’ Creditors Arrangement Act
- How much of a real estate bubble are we in?
- Can the duty of good faith be used to set aside a notice of disclaimer?
- 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
- Pre-post set-off in CCCAs – Not generally appropriate (but not completely prohibited)
- CCAA – No plan? No problem!
- Fallout from Laurentian University insolvency continues
- Public university seeks creditor protection
- What debtors can expect in a CCAA reorganization
- Reorganizing a business under the CCAA
- Businesses of all sizes may need help addressing financial issues
- Steel company seeks creditor protection under the CCAA
- 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
- Creditors beware. Creditor must payout settlement amount to bankruptcy estate as condition of granting s. 38 application
- Residential mortgage debt hits record high
- 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: Mortgages and Foreclosure
- Category: News
- 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
Lawyers
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