Full Description
The scope of insolvency law is vast, impacting nearly every area of private law. Once insolvency proceedings are initiated, rights established in other legal fields can no longer be enforced through ordinary civil processes but must be addressed through specialized insolvency proceedings, often altering the nature of those rights. From the Canadian blood supply system and national airlines to the recovery of victims of mass torts, Bankruptcy and Insolvency Law illustrates how insolvency law influences the fate of individuals, businesses, and entire communities.
The third edition offers an in-depth examination of the full spectrum of Canadian bankruptcy and insolvency systems, exploring their structure, objectives, and guiding principles. This edition provides an analysis of the most recent developments in insolvency law such as the new duty of good faith, reverse vesting orders, litigation funding, and the judicial power to make orders in national receivership proceedings. It also introduces a new chapter on the future of Canadian insolvency law, highlighting the challenges in the current system and the need for reform. Bankruptcy and Insolvency Law demonstrates how insolvency law shapes not only legal outcomes but also the very foundation of our economic and social systems.
Contents
Preface to the Third Edition
1. An Introduction to Insolvency Law
Part One: Bankruptcy Law
2. The Foundations of Bankruptcy Law
3. Commencement of Bankruptcy
4. Property of the Bankrupt
5. Proprietary Claims of Third Parties
6. Preserving the Bankrupt Estate
7. Enhancing the Bankrupt Estate
8. Administering the Bankrupt Estate
9. The Proof, Valuation, and Payment of Claims
10. Discharge of the Bankrupt
Part Two: Commercial Restructuring Law
11. The Foundations of Commercial Restructuring Law
12. Commencing Restructuring Proceedings
13. Operating the Business
14. Governance and Supervision
15. Claims and Priorities
16. Developing and Approving the Plan
Part Three: Receivership Law
17. The Foundations of Receivership Law
18. Commencement, Administration, and Supervision of the Receivership
19. The Status, Powers, Duties, and Liabilities of the Receiver
Part Four: Other Insolvency Regimes
20. Alternatives to Consumer and Farm Bankruptcy
21. Specialized Insolvency Regimes
22. Cross-Border Insolvencies
Table of Cases
Index
About the Author
