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Interim Receivers and Monitors

Interim Receivers and Monitors has the most up-to-date coverage of this burgeoning field. "Tourists" to the insolvency world occasionally will gain a broad overview of the roles of interim receivers and monitors. Advanced practitioners will benefit from specific information about particular points of insolvency law.
by Robert J. Van Kessel (Author)
Publisher: LexisNexis Canada
Publication Language: English
Book
$430.00
Quantity

Hardcover | 474 pages

In Stock
Published: February 28, 2006
ISBN/ISSN: 9780433447917
Publisher: LexisNexis Canada

Product description

Foreword by Derrick Tay, Ogilvy Renault LLP

An Easy Reference for all Insolvency Professionals

Interim receivers and monitors are the eyes and ears of the courts. Judges, debtors, creditors, and other stakeholders rely on them for dedicated expertise and independence.

Balancing these competing demands can be further complicated by the courts' discretionary power to expand or contract your functions. Plus, insolvency law changes at a fast and furious pace.

Butterworths Interim Receivers and Monitors has the most up-to-date coverage of this burgeoning field. "Tourists" to the insolvency world occasionally will gain a broad overview of the roles of interim receivers and monitors. Advanced practitioners will benefit from specific information about particular points of law.

Answers to Your Most Important Questions

Part I: Interim Receivers
  • When do courts make interim receivership orders
  • What are the functions of interim receivers in petitions, proposals, and 244 Notice Contexts
  • How can you ensure immunity from liability for breach of duty, successorship and other liabilities
  • How can you ensure "fair and reasonable" costs for taxation
  • How Bill C-55 may change the scope of interim receiver powers and duties
Part II: Companies' Creditors Arrangement Act (CCAA) Monitors
  • When do courts appoint CCAA monitors
  • What are the powers and duties of CCAA monitors
  • How can breach of fiduciary duties and other liabilities be avoided
  • How does Bill C-55 widen prescribed functions
Part III: Conflict of Interest
  • What penalties do courts impose for undisclosed conflicts of interest
  • What research must be conducted to prepare for a receivership
  • What must be disclosed to courts before accepting a receivership
  • How can conflicts of interest be avoided during an appointment
Special Features
  • Interim Receivers and Monitors contains extensive excerpts from case law plus:
  • Excerpts of the Bankruptcy and Insolvency Act and BIA Rules Affecting Interim Receivers
  • Sample Section 46 Interim Receivership Order
  • Sample Order in a Proposal or 244 Notice Context
  • Companies' Creditors Arrangement Act
  • CCAA Initial Order (for Monitoring Functions)
  • BIA Code of Ethics for Trustees
  • Comparison Between Bill C-55 and Current Provision of the BIA and CCAA
 

Featured Authors

Robert J. Van Kessel

Robert J. Van Kessel

The late Robert J. Van Kessel, B.A. (Hons.), LL.B., spent his entire legal career practising with the partnership of Lawrence, Lawrence, Stevenson, LLP. His practice specialty involved insolvency and commercial litigation matters. Robert wrote prolifically, contributing papers and presentations to the Ontario Bar Association, and authoring or co-authoriing six legal texts. His legal publications include Enforcing Judgments and Orders, Summary Judgment and Dispositions Before Trial, Interim Receivers and Monitors, Dispositions without Trial, and The Law of Fraud. He also assisted with the preparation of the volume "Receivers" in the 2006 edition of LexisNexis Canada's Halsbury's Laws of Canada.

View all books by Robert J. Van Kessel (4)

Table of contents

PART I: INTERIM RECEIVERS
Introduction
Chapter 1: Historical Developments 
Chapter 2: Appointment of Interim Receivers
Chapter 3: Functions of Interim Receivers
Chapter 4: Liability Issues
Chapter 5: Costs
Chapter 6: Bill C-55 and Interim Receivers
PART II: CCAA MONITORS
Introduction
Chapter 1: CCAA
Chapter 2: Appointment of CCAA Monitors
Chapter 3: Functions of CCAA Monitors
Chapter 4: Selected Liability Issues
Chapter 5: Costs
Chapter 6: Bill C-55 and the Monitor's Role
PART III: CONFLICT OF INTEREST
Introduction 
Chapter 1: Law of Conflict of Interest
Chapter 2: Judicial Perspectives on Conflict of Interest
Chapter 3: Professional Guidance
Appendices
1. Excepts of BIA and BIA Rules Affecting Interim Receivers
2. Sample Interim Receivership Order Under S.46 of BIA
3. Sample Order in a Proposal or 244 Notice Context
4. CCAA
5. Sample CCAA Initial Order for Monitoring Functions
6. BIA Code of Ethics for Trustees
7. Comparison Between the Old Law and the New Law
 

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