Articles

About Articles The following articles are published by the Insolvency Law Section of the Ontario Bar Association. Members are encouraged to submit articles. 

Editor: sectioninsiders@oba.org

Today
Today

US Court limits Chapter 15 Relief to Foreign Debtors Having a Nexus to US

  • February 13, 2014
  • David F. Heroy, Jacob Kaplan and Erin Elizabeth Broderick

In December, the US Court of Appeals for the Second Circuit (NY) unanimously held that US bankruptcy courts may not recognize a foreign insolvency proceeding under the cross-border provisions of Chapter 15 of the US Bankruptcy Code unless the debtor has a domicile, residence or property in the US.

Insolvency Law

Lift Stay Motion More Likely to Succeed in a Liquidating CCAA

  • January 08, 2014
  • Jeffrey Levine and Stephen Brown-Okruhlik

When a stay of proceedings under the Companies’ Creditors Arrangement Act should be lifted to allow parties to bring claims against an insolvent company outside of the CCAA proceeding.

Insolvency Law

Court of Appeal Upholds Bank Guarantee

  • July 08, 2013
  • Doug Smith

On May 13, 2013, the Ontario Court of Appeal released its decision in Royal Bank of Canada v. Samson Management Solutions, a decision concerning the enforceability of a standard form bank guarantee.

Message from Sonia Klein Re: The Murray Klein Award

  • July 08, 2013

The Insolvency Law Section was pleased to honour Gale Rubenstein as the 2013 award recipient of the Murray Klein Award on May 29, 2013. We were given a message from Murray's family to circulate to members reminding us about the reasons for this award.