Category Archives: Creditors’ Remedies
A Case for Reform: The Law of Fraudulent Preferences and Conveyances
PDF Version: A Case for Reform: The Law of Fraudulent Preferences and Conveyances Case Commented On: 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420 The case of 1007374 Alberta Ltd v Ruggieri, 2013 ABQB 420, is not significant in and … Continue reading
Ride the Coattails –Yahoo!
PDF version: Ride the Coattails –Yahoo! Case considered: Toronto Dominion Bank v Letendre, 2012 ABQB 323 rev’g 2012 ABQB 369. This was a competition for the surplus funds paid into court in a mortgage foreclosure action.The case examined policy and … Continue reading
Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed?
Case considered: Budget Waste Inc., Re, 2009 ABQB 752. PDF version: Restructuring under the CCAA: Should A Debtor Always Be Allowed to Proceed? LoVecchio J.’s decision in Budget Waste Inc., Re (“Budget Waste“) is a great example of the questions courts … Continue reading
Classifying Creditors under the Companies’ Creditors Arrangement Act
Cases Considered: Kerr Interior Systems Ltd. (Re), 2008 ABQB 286 PDF Version: Classifying Creditors under the Companies’ Creditors Arrangement Act In an application for an order to sanction a Plan of Arrangement (Plan), the Alberta Court of Queen’s Bench refused … Continue reading