Nelligan O'Brien Payne LLP has been retained by former salaried employees and retirees of CANWEST regarding CANWEST's recent January 8, 2010 filing for protection
under the Companies Creditors Arrangement Act (CCAA).
«reorganization» means a court order made under section 248, an order made under the Bankruptcy and Insolvency Act (Canada) or an order made
under the Companies Creditors Arrangement Act (Canada) approving a proposal.
Not exact matches
Under the new rules,
companies are allowed to charge substantial fees only after at least one agreement with a
creditor to reduce a debt has been reached.
Moreover, it's being prepped for a counter-strike
under the leadership of former Sun Media boss Paul Godfrey, who now heads Postmedia, a
company forged by the recent $ 1.1 - billion
creditor acquisition of Canwest's distressed newspaper assets.
And nobody asked them what they thought in March when ABCP trusts were transformed into corporations in order to restructure the market
under the
Companies»
Creditors Arrangement Act (CCAA).
On April 4, 2016, Sanjel obtained a Court Order from the Court of Queen's Bench of Alberta
under the
Companies»
Creditors Arrangement Act (CCAA) in Canada.
Buckling
under a monstrous $ 44 billion debt load dating back to the LBO, the
company is negotiating with
creditors in an effort to fend off bankruptcy.
In December, 2014, a subsidiary of the Onni Group acquired the former Capital City Centre development located in Colwood, B.C. from the League Group through a court - approved Restructuring Agreement
under that
Companies»
Creditors Arrangement Act and Bankruptcy and Insolvency Act...
On January 15, 2015, Target Canada Co. and the Additional Applicants listed below (collectively, the «Applicants»), together with the Partnerships also listed below (the «Partnerships», and collectively with the Applicants, the «Target Canada Entities») commenced court - supervised restructuring proceedings
under the
Companies»
Creditors Arrangement Act, R.S.C. 1985, c. C - 36, as amended (the «CCAA»).
To increase flexibility with
creditors, Neiman Marcus announced in March it had named subsidiaries holding online store MyTheresa and some of its real estate «unrestricted,» making them not subject to the same rules
under credit agreements as other units of the
company.
The
company does not make loans
under $ 10,000, but it is one of the few online lenders that can pay your
creditors directly.
Examples of these risks, uncertainties and other factors include, but are not limited to the impact of: adverse general economic and related factors, such as fluctuating or increasing levels of unemployment, underemployment and the volatility of fuel prices, declines in the securities and real estate markets, and perceptions of these conditions that decrease the level of disposable income of consumers or consumer confidence; adverse events impacting the security of travel, such as terrorist acts, armed conflict and threats thereof, acts of piracy, and other international events; the risks and increased costs associated with operating internationally; our expansion into and investments in new markets; breaches in data security or other disturbances to our information technology and other networks; the spread of epidemics and viral outbreaks; adverse incidents involving cruise ships; changes in fuel prices and / or other cruise operating costs; any impairment of our tradenames or goodwill; our hedging strategies; our inability to obtain adequate insurance coverage; our substantial indebtedness, including the ability to raise additional capital to fund our operations, and to generate the necessary amount of cash to service our existing debt; restrictions in the agreements governing our indebtedness that limit our flexibility in operating our business; the significant portion of our assets pledged as collateral
under our existing debt agreements and the ability of our
creditors to accelerate the repayment of our indebtedness; volatility and disruptions in the global credit and financial markets, which may adversely affect our ability to borrow and could increase our counterparty credit risks, including those
under our credit facilities, derivatives, contingent obligations, insurance contracts and new ship progress payment guarantees; fluctuations in foreign currency exchange rates; overcapacity in key markets or globally; our inability to recruit or retain qualified personnel or the loss of key personnel; future changes relating to how external distribution channels sell and market our cruises; our reliance on third parties to provide hotel management services to certain ships and certain other services; delays in our shipbuilding program and ship repairs, maintenance and refurbishments; future increases in the price of, or major changes or reduction in, commercial airline services; seasonal variations in passenger fare rates and occupancy levels at different times of the year; our ability to keep pace with developments in technology; amendments to our collective bargaining agreements for crew members and other employee relation issues; the continued availability of attractive port destinations; pending or threatened litigation, investigations and enforcement actions; changes involving the tax and environmental regulatory regimes in which we operate; and other factors set forth
under «Risk Factors» in our most recently filed Annual Report on Form 10 - K and subsequent filings by the
Company with the Securities and Exchange Commission.
Final payments
under the
company's Deed of Company Arrangement (DOCA) have been dispatched to creditors with Spring Gully saying it has now repaid debtors 102 cents in the
company's Deed of
Company Arrangement (DOCA) have been dispatched to creditors with Spring Gully saying it has now repaid debtors 102 cents in the
Company Arrangement (DOCA) have been dispatched to
creditors with Spring Gully saying it has now repaid debtors 102 cents in the dollar.
Endless Ideas has told us that they intend on reforming the
company under a different banner and taking their intellectual property with them, unless
creditors get their hands on it first.
I have not checked to see if Vantage or their sister
companies have filed (they would presumably file in a federal district for their area in Great Barrington, Mass.) A bankruptcy attorney in that area could better answer your question about those publishing contracts as bankruptcy estate assets that a Trustee would «recall» (or «garner for the bankruptcy estate)
under a preference rule and make a part of Vantage's «bankruptcy estate» for the benefit of
creditors.
If the
company is going to liquidate its remaining 400 stores,
creditors would prefer to have it done
under the control of the
company, with its chosen liquidators,
creditors» lawyer Bruce Buechler said.
4 CIBC Payment Protector Insurance for Credit Cards is optional
creditor's group insurance underwritten by Canadian Premier Life Insurance
Company under a group policy issued to CIBC as group policyholder.
Under a contingent payment arrangement, the original
creditor hires a debt collection
company to pursue a delinquent debt, with the collection
company receiving a percentage of the amount they are able to collect.
There are two common arrangements
under which
creditors work with debt collection
companies: contingent payment and debt sale.
This means that your wage garnishments for
creditors such as credit - card
companies and debt - collection agencies can't be applied because you're
under the poverty line.
The type of services covered
under the new rules are
companies that promise to 1) work with a
creditor to settle the debt for a lesser amount than is owed, (debt settlement
companies) 2) work with all of a consumer's unsecured
creditors to promulgate a debt management plan to vary the terms of all such debts,
under a debt management plan (debt management
companies) and 3) negotiate with a
creditor to lower the interest rate of the outstanding debt and / or waiver of certain debt fees, such as late fees or over the limit fees (debt negotiation
companies).
A Debt Relief Service
company covered
under the new rules is a for profit
company that engages in the business of offering or implying to offer to reduce, renegotiate or otherwise change the terms of a consumer's debt repayment with an unsecured
creditor.
Essentially, debt settlement
companies may instruct you to withhold any future payments on your account, purportedly to eventually motivate the
creditor in question to accept less than what is owed
under the principle that «something is better than nothing.»
Under this kind of program, you enroll with a settlement
company that communicates with
creditors on your behalf so that they accept a lower payment from you.
Creditors can not be forced to work with debt consolidation
companies and are
under no obligation to accept a reduced amount;
Under Manitoba's new laws, debt settlement
companies can only charge a fee if the
creditor and debtor reach an agreement on a reduced payment, and their fees are limited to a maximum of 10 per cent of the debt owed.
If the
company goes
under, its assets are liquidated to pay off
creditors, but the personal assets of the business owners are not at risk.
The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment
under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief
company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with
creditors; (9) significant delays in active negotiation or engagement with
creditors, coupled with prohibitions on direct consumer communications with
creditors; and (10), in the case of debt settlement
companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.
As original
creditors, a bank or credit card
company's primary purpose is not to collect debt, and so are not regulated
under the same federal law.
An incorporated business can file bankruptcy, make a Division I Proposal or file something called a CCAA Plan of Arrangement
under the
Companies»
Creditors Arrangement Act.
Under the Ontario Wages Act, a judgement
creditor (like a bank or credit card
company) can garnishee up to 20 % of your net wages (after statutory deductions for taxes, CPP, and Employment Insurance).
The $ 575 million asset sale, approved by the Ontario Superior Court of Justice and the U.S. Bankruptcy Court for the District of Delaware, represents a new chapter for PSG, which commenced concurrent
creditor protection proceedings in Toronto and Wilmington on October 31, 2016
under Canada's
Companies»
Creditors Arrangement Act and
under Chapter 11 of the U.S. Bankruptcy Code.
He has been involved in preparing schemes of arrangements between
companies and their
creditors and reconstruction and amalgamation schemes for solvent groups of
companies, often
under time - sensitive and pressing conditions.
All
under one roof with the click of a few buttons — property searches to
company searches, PPSR searches,
creditor reports and even Australian property and
company searches.
Ben's transactional work has included both
creditor and member schemes of arrangement
under Part 26 of the
Companies Act 2006, numerous reductions of capital and other reserves for listed public companies and cross-border mergers under the Companies (Cross-Border Mergers) Regulati
Companies Act 2006, numerous reductions of capital and other reserves for listed public
companies and cross-border mergers under the Companies (Cross-Border Mergers) Regulati
companies and cross-border mergers
under the
Companies (Cross-Border Mergers) Regulati
Companies (Cross-Border Mergers) Regulations 2007.
Jeff has considerable expertise in shareholder's disputes, receivership law and reorganization proceedings
under both the Bankruptcy and Insolvency Act (BIA) and the
Companies Creditors Arrangements Act (CCAA).
Acted as counsel for the court - appointed Monitor in a number of applications
under the
Companies»
Creditors Arrangement Act, including the proceedings involving The Puratone Corporation.
Experience of dealing with statutory demands and insolvency related hearings from both the
creditor and debtor side; including successfully defending the directors of a large group of
companies in administration in respect of claims made
under personal guarantees.
The court is given a new power to order compensation in favour of a
creditor who has been caused loss due to the conduct of a person for which, following a
company's insolvency (liquidation, administration or administrative receivership will do) they have been disqualified or given an undertaking under the Company Directors Disqualification Ac
company's insolvency (liquidation, administration or administrative receivership will do) they have been disqualified or given an undertaking
under the
Company Directors Disqualification Ac
Company Directors Disqualification Act 1986.
St. John firm Gilbert McGloan Gillis billed more than $ 500,000 in fees, disbursements and taxes between June and September for their work on a restructuring plan for the holdings of Hank Tepper
under the
Companies»
Creditor Arrangement Act.
The case concerned a compromise
under Part 14 of the
Companies Act 1993 that was set aside by the High Court on the basis that the challenging
creditors, who had voted against the compromise, had been unfairly prejudiced by the decision to call only one meeting of
creditors.
Under the new plan, unsecured
creditors will own approximately 32.5 % of the
company; however, the Monitor believes that the
company will be worth more because there is less debt, thus increasing the notional value of the unsecured
creditors» share of the
company.
The case involved a
company, Indalex, that was pursuing restructuri ng proceedings
under the
Companies»
Creditors Arrangement Act, RSC 1985, c C - 36 («CCAA»).
On March 5, 2010, the Ontario Superior Court of Justice — Commercial List in Toronto appointed Nelligan O'Brien Payne LLP (Ottawa) and Shibley Righton (Toronto) as Representative Counsel for continuing and former salaried employees and retirees of the LP Entities who are not represented by a union, or were not represented by a union at the time of their separation from employment by Canwest Publishing Inc. and certain other entities (the «LP Entities»), in the ongoing insolvency proceedings of the LP Entities
under the
Companies»
Creditors Arrangement Act (the «CCAA Proceedings»).
in a challenge to a
creditors» compromise
under the
Companies Act 1993 and related breach of contract and defamation action (ACC & Ors v Trends Publishing International Limited [2015] NZHC 3316)
1932: The firm works to develop a more efficient mechanism for handling railroad failures and helps produce Section 77 of Chapter VIII of the 1933 Bankruptcy Act, which established the goal of getting the bankrupt
company back on its feet with the cooperation of
creditors and
under the supervision of a trustee.
Under the original plan, unsecured
creditors would own approximately 45 % of the
company.
It was also relevant that
under a CVA all the
creditors of the
company vote in one block — in a scheme of arrangement different classes of
creditors are separated from each other and can veto in their separate capacities.
If the
company is not bankrupt, but closed its doors because it is insolvent and has not yet asked for protection from
creditors under the Bankruptcy and Insolvency Act, the employee must recover unpaid wages via the Employment Standards Branch of their jurisdiction by filing a complaint.
The directors of Powerhouse proposed a
company voluntary arrangement (CVA) in relation to
creditors who were connected to the 35 stores
under which the «closed premises
creditors» would be given 28p in the pound.