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22 Mar

Can an undischarged bankrupt start a lawsuit without notifying his trustee in bankruptcy? (Little v. Bramcan Investments Ltd.)

Friday, March 22, 2024Stephen A. Thiele, Noah Bonis CharancleLitigationTransportation & Logistics, Bankruptcy and Insolvency Act, Insolvency, Rules of Civil Procedure

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Can an undischarged bankrupt bring a lawsuit in his own name without notifying his trustee in bankruptcy? In Little v. Bramcan Investments Ltd2024 ONSC 1485 (CanLII), the Ontario...

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22 Jun

Sale of commercial units by nearly-insolvent debtor not a fraudulent conveyance

Wednesday, June 22, 2022James R.G. CookLitigationInsolvency, Real Estate

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Creditors of an insolvent or nearly insolvent debtor may be understandably frustrated if the debtor sells its few remaining assets, leaving the...

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27 Dec

So you're in Special Credit – Can you sue?

Wednesday, December 27, 2017LitigationInsolvency, Collections, Lending, Loans, Banking, Recovery

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Deciding not to advance any more money and shifting a debtor’s account into the...

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25 Jan

Transfers at an Undervalue; Backfires in Creditor Proofing

Wednesday, January 25, 2017Bankruptcy and Insolvency, LitigationBankruptcy, Insolvency, Transfer at an undervalue

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Individuals faced with financial pressures and money problems understandably try to protect what little assets they may have left. In particular they...

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