Interim Receivers and Monitors
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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
- 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
- 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
- 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
Table of contents
PART I: INTERIM RECEIVERS
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
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
Chapter 1: Law of Conflict of Interest
Chapter 2: Judicial Perspectives on Conflict of Interest
Chapter 3: Professional Guidance
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
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