Part I — Introduction
Chapter One — Introduction, Evolution, and Modern Objectives
I. Introduction
II. Evolution of Bankruptcy Law
III. Modern Bankruptcy Objectives
Chapter Two — Constitutional Aspects and the Structure of the Bankruptcy System
I. Constitutional Aspects
II. The Structure of the Bankruptcy System
III. Conclusion
Part II — Bankruptcy
Chapter Three — Initiation of Bankruptcy Proceedings and Consequences of Bankruptcy
I. Introduction
II. Initiation of Bankruptcy Proceedings
III. Consequences of Bankruptcy Order: Stay of Proceedings
Chapter Four — Property of the Estate
I. Introduction
II. What Is "Property"?
III. Secured Creditors
IV. Bona Fide Purchasers and the Like
V. Trusts
VI. The Intersection of Bankruptcy and Family Law
VII. Sales
VIII. Set-ff
Chapter Five — Review of Pre-Bankruptcy Transactions
I. Introduction
II. The Provincial Fraudulent Conveyance Laws
III. The BIA Transfers at Undervalue Provision
IV. The BIA Preference Provisions
V. The Provincial Preference Provisions
Chapter Six — Executory Contracts
I. Introduction
II. Disclaimer
III. Affirmation
IV. Assignment
Chapter Seven — Claims Against the Estate and Recovery of Claims
I. Introduction
II. Illustrative Cases
III. The Rule Against Double Proof
Chapter Eight — Secured Creditors, Crown Claims, and Statutory Deemed Trusts
I. Introduction
II. Secured Creditors' Claims
III. Crown Claims
Chapter Nine — Ranking of Creditors and Distribution of Proceeds
I. The Bankruptcy Scheme of Distribution
II. Unpaid Suppliers
III. Wage Claims
IV. Pension Fund Contributions
V. Environmental Claims
VI. Preferred Claims
VII. The Pari Passu Rule
VIII. Postponed Claims
Chapter Ten — Liability of Corporate Directors and Insolvency
I. Introduction
II. Directors' Personal Liability for Corporate Debts
III. Sanctions for Director and Officer Conduct Detrimental to Creditors
Chapter Eleven — Individual Bankruptcies and Consumer Issues
I. Introduction
II. Role of Trustees
III. Exempt Property
IV. Debtor's Obligation to Contribute Surplus Income to the Estate
V. Discharge
VI. Reaffirmation of Discharged Liabilities
VII. Credit Granting Practices and Their Impact on Bankruptcy Filings
Part III — The Companies' Creditors Arrangement Act
Chapter Twelve — The Companies' Creditors Arrangement Act: An Introduction
I. introduction
II. The Essentials of Restructuring Law
III. Scope of the CCAA
IV. The Initial Filing
V. Scope of the Stay
Chapter Thirteen — Carrying On Business During CCAA Proceedings
I. Introduction
II. The Monitor
III. Governance
IV. Executory Contracts
V. Derivatives
VI. Interim (DIP) Financing
VII. Critical Suppliers
VIII. Aspects of the Sale Process in Liquidating CCAAs
Chapter Fourteen — Claims
I. Introduction
II. Disputed and Late Claims
III. Mass Tort Claims
IV. Priorities
V. Avoidable Transactions
VI. Set-Off
Chapter Fifteen — Approval of CCAA Plans
I. Introduction
II. Voting and Classification of Claims
III. Acquisition of Claims
IV. Treatment of Shareholders
V. Treatment of Equity Claims
VI. Court Approval
Part IV — Bankruptcy and Insolvency Act Proposals
Chapter Sixteen — Bankruptcy and Insolvency Act Commercial Proposals
I. Genesis and Evolution of Commercial Proposals
II. Key Features of the Commercial Proposal Regime
III. Case Law
IV. Operational Experience Under BIA Part III.
Chapter Seventeen — Consumer Proposals
I. Alternatives to Consumer Bankruptcies
II. Case Law on Consumer Proposals
III. Credit Counselling and Consumer Education as Part of the Bankruptcy Process
Part V — Receiverships
Chapter Eighteen — Receiverships
I. Introduction
II. The Position at Common Law
III. The Statutory Regulation of Receiverships
IV. Priorities
V. The Rise and Fall of the Interim Receiver
VI. The New Approach to Receiverships
VII. Template Receivership Orders
Part VI — International Insolvencies
Chapter Nineteen — International Insolvencies
I. Introduction
II. Jurisdiction of Canadian Courts
III. Recognition and Enforcement of Foreign Insolvencies