LexisNexis® | Canada
LexisNexis®
» Français | English
 
  • Canadian Bankruptcy and Insolvency Law - Bill C-55, Statute c.47 and Beyond, Student Edition
 
Recherche par juridiction
Recherche par domaine de pratique
Recherche par rôle
Recherche par produit
Formulaire de demande d'un exemplaire de consultation
Ouvrages en français

Book

Canadian Bankruptcy and Insolvency Law - Bill C-55, Statute c.47 and Beyond, Student Edition

How Will Reforms Change the Law? Canadian bankruptcy law faces a unique situation. Statute c.47 was enacted in late 2005 but has not yet come into force. The "2007 Amending Bill" now calls for substantial amendments to the Bankruptcy and Insolvency Act , the Companies Creditors Arrangement Act , and Statute c.47.



Fournisseur LexisNexis Canada
Pays: Canada
Format Softcover Book
Langue de publication: English
ISBN 9780433453567
Date de publication: 2007-01-01
 
Prix: 100,00 $
Moins Plus



    How Will Reforms Change the Law?

    Canadian bankruptcy law faces a unique situation. Statute c.47 was enacted in late 2005 but has not yet come into force. The "2007 Amending Bill" now calls for substantial amendments to the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, and Statute c.47.

    What exactly do these proposed reforms mean? What influence can parliamentarians, practitioners, and academics exert during this "window period" to change Canadian bankruptcy and insolvency legislation?

    Canadian Bankruptcy and Insolvency Law: Bill C-55, Statute c.47 and Beyondtackles these issues from a wide range of perspectives. Respected professors Stephanie Ben-Ishai and Anthony Duggan analyze the proposed reforms and related political concerns, together with:

    David Baird
    Tamara Buckwold
    Ronald Davis
    Alexandra Dostal
    Steven Golick
    John A. E. Pottow
    Michael Rotsztain
    Janis Sarra
    Edward Sellars
    Thomas Telfer
    Roderick Wood
    Jacob Ziegel

    Thought-Provoking Questions to Encourage Dialogue

    Each of the book's 15 chapters addresses a critical aspect of Canadian bankruptcy and reorganization law. Questions will spark debate on how current law and policy compare with developments in other countries, and whether existing proposals for reform actually meet Canada's economic needs.

    • To what extent can - or should - Canadian legislation be influenced by U.S. legislation?
    • Could harmonization with U.S. legislation inhibit economic development in Canada?
    • Do other common law jurisdictions provide better models for reform?
    • What would a distinctly "made in Canada" approach look like?
    • Does Canada need both the BIA and CCAA?
    • Where is greater consistency needed in the treatment of issues that are common to BIA and CCAA proceedings?
    • When can judicial discretion lead to inconsistent solutions to problems across the country?

    An Insightful Collection For:

    • Bankruptcy and insolvency lawyers, corporate/commercial lawyers, and accountants who need a good grasp of the underlying policy issues in order to understand the law
    • Provincial and Federal Governments, including Ministries of the Attorney General and Business & Consumer Affairs, who need to understand how federal legislation interacts with provincial law in areas such as fraudulent preferences and conveyances, and property exemptions
    • Union leaders who want to learn more about the provisions of Statute c.47 that relate to workers' rights, including the Wage Earner Protection Program, collective agreements, and the priority for unpaid wages and pension contributions
    • Academics and practitioners who take an active role in the review and reform of Canada's insolvency legislation
    • Bankruptcy trustees who need to understand proposed reforms relating to discharge from bankruptcy, means testing and other matters

    Acknowledgements
    Chapter 1: Introduction
    Chapter 2: Partly Performed Contracts
    Chapter 3: Derivatives and the CCAA
    Chapter 4: Labour Issues
    Chapter 5: Priorities
    Chapter 6: Voidable Preferences
    Chapter 7: Gifts and Transfers at Undervalue
    Chapter 8: Judicial Discretion
    Chapter 9: Debtor-In-Possession Financing
    Chapter 10: Corporate Governance

     

    General Editors: Stephanie Ben-Ishai and Anthony Duggan


    Stephanie Ben-Ishai is an Associate Professor at Osgoode Hall Law School. She has published widely and given numerous Canadian and international conference presentations on all aspects of business and personal bankruptcy, corporate governance, and commercial law. Before entering academia, Professor Ben-Ishai practised with the Insolvency and Restructuring Group at Osler, Hoskin and Harcourt LLP. She is past winner of the American Bankruptcy Institute Medal of Excellence for her graduate work at Harvard Law School.

     

    Anthony Duggan LL.B., LL.M., holds the Hon. Frank H. Iacobucci Chair in the Faculty of Law, University of Toronto. He has doctoral and undergraduate degrees in law from Melbourne, and a master's degree in law from Toronto. He is also a Professorial Fellow in the Faculty of Law at the University of Melbourne. His teaching and research interests include secured transactions, bankruptcy and insolvency law, and equity and trusts.

     

Produits à considérer

BIA, CCAA & WEPPA: A Guide to the New Bankruptcy & Insolvency Regime
With all of the amendments to the Bankruptcy and Insolvency Act ( BIA) and the Companies' Creditors Arrangement Act ( CCAA), and the Wage Earner Protection Program Act ( WEPPA) coming into force September 18, 2009 , a new bankruptcy and insolvency regime is now in place in Canada . BIA, CCAA & WEPPA: A Guide to the New Bankruptcy & Insolvency ...

Commercial Insolvency in Canada, 2nd Edition
Leading insolvency lawyer Kevin McElcheran considers Canada's insolvency laws as a whole, to assist in the advancement of often competing, but occasionally aligned interests of debtors, creditors, and other critical stakeholders in cases of all types and sizes.

Law of Bankruptcy and Insolvency in Canada - Revised Edition
This publication provides topical analysis of the Canadian law relating to bankruptcy and insolvency under the Bankruptcy and Insolvency Act (BIA). Author Lazar Sarna provides practice-oriented coverage of topics including issues relating to the roles of trustees, orders and assignments, corporations and bankruptcy, property of the estate, ...

National Insolvency Review - Newsletter + PDF
The National Insolvency Review brings its subscribers valuable information and insights into the challenge of practicing insolvency law. The most recent happenings in insolvency, bankruptcy and creditors' rights are commented upon in a clear, concise fashion by knowledgeable professionals from across the country.

 
Copyright © 2012 LexisNexis, une division de Reed Elseiver inc. Tous droits réservés.