Bankruptcy and Insolvency Basics for Lawyers

This book is essential for: junior lawyers practicing in the area of bankruptcy and insolvency law, banking lawyers, and lawyers looking to change their area of practice; it may also be of interest to trustees and lenders.

Current to: February 2011

Prepare to have all your questions answered!
Bankruptcy and insolvency law is taking a more prominent place in the minds of clients. In these materials, exceptional authors walk you through the basics and provide a solid foundation for dealing with common concerns and current issues in the bankruptcy and insolvency area. Brush up on pertinent statutes, trusts and priorities, deemed trusts, constructive trusts, and priorities, creditors’ and litigation issues, director and officer liability, family law and insolvency, personal bankruptcy, and discharges. Stay up to date with this thorough, topical, and practical resource.

CONTENTS

• general overview of bankruptcy and insolvency law: receivership, bankruptcy, bankruptcy protection under the Bankruptcy and Insolvency Act, bankruptcy protection under the Companies Creditors Arrangement Act 
• deemed trusts, constructive trusts, and priorities 
• creditors' issues: forbearance agreements and settlement agreements; includes sample agreements
• issues for litigation: fraudulent preferences and transfers at undervalue, s. 38 claims, s. 163 examinations, waiving solicitor/client privilege on behalf of a bankrupt company, claiming legal costs, ethical issues 
• directors' and officers' liability in the context of corporate insolvency; includes a bibliography and excerpts from applicable provincial and federal statutes
• family law and insolvency: child and spousal support, property issues
• personal bankruptcy: proposals under the Bankruptcy and Insolvency Act, rights and responsibilities of stakeholders
• discharges from bankruptcy: ensuing issues for lawyers acting for the bankrupt, a creditor, or a trustee in bankruptcy