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Bankruptcy and Insolvency Law

Bankruptcy and Insolvency Law

By Roderick J Wood


Insolvency law cuts across almost every field of private law. The rights that are created in other fields of law can no longer be vindicated in the usual forum through the ordinary civil process once insolvency proceedings are commenced. Instead, the rights are enforced through the insolvency proceedings, and in some cases the nature and characteristics of the rights are significantly transformed. The impact of insolvency law on social and economic conditions both within Canada and worldwide is equally breathtaking. The fate of the Canadian blood supply system, the future of our national airlines, the recovery afforded to victims of institutional abuse, and the survival of entire communities have all hung in the balance.

Bankruptcy and Insolvency Law is the most up-to-date treatise on the subject currently available in Canada. The book is organized in a way that illuminates the structure of insolvency law, its aims and objectives, and its foundational principles. By focusing on the underlying principles of insolvency law the reader can see how these principles work in a variety of different situations and contexts. This, in turn, affords a deeper understanding of their nature and operation. It provides a careful and concise review of case law along with authoritative commentary on the issues facing those practising and adjudicating in the field. The book will appeal to judges and seasoned practitioners as well as to lawyers, other professionals, and students new to the field.


An Introduction to Insolvency Law

Part One: Bankruptcy Law

The Foundations of Bankruptcy Law
Commencement Of Bankruptcy
Property of the Bankrupt
Proprietary Claims of Third Parties
Preserving the Bankrupt Estate
Enhancing the Bankrupt Estate
Administering the Bankrupt Estate
The Proof, Valuation, and Payment of Claims 241
Discharge of the Bankrupt

Part Two: Commercial Restructuring Law

The Foundations of Commercial Restructuring Law
Commencing Restructuring Proceedings
Operating the Business
Governance and Supervision
Claims and Priorities
Developing and Approving the Plan

Part Three: Receivership Law

The Foundations of Receivership Law
Commencement, Administration, and Supervision of the Receivership
The Status, Powers, Duties, and Liabilities of the Receiver

Part Four: Other Insolvency Regimes

Alternatives to Consumer and Farm Bankruptcy
Specialized Insolvency Regimes
Cross-Border Insolvencies

Published January 2009
Publisher Irwin Law (Canada)
ISBN 9781552211564
Australian RRP $100.00
International Price $90.00
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Law - Canadian Law
Law - Insolvency

Essentials of Canadian Law

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