Welcome and Land Acknowledgement
General Overview of All Insolvency Statutes
- insolvency—identifying it factually and analyzing it legally
- trying to avoid bankruptcy—proposals and creditor protection
- bankruptcy under the Bankruptcy and Insolvency Act of Canada
- receivership under provincial law
- practice directions and model orders of the Supreme Court
- pitfalls to watch out for
- other potentially applicable federal and provincial law
- practice considerations, advice, and action points
Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver
Priority Issues in Bankruptcy and Insolvency
- the basic priority scheme under the Bankruptcy and Insolvency Act
- priority creditors
- secured creditors
- Crown claims
- unpaid suppliers
- the Wage Earner Protection Program Act
- postponed creditors
- equity claims
- non-arm's length transactions
- trust property
- exempt property
Gregory J. Gehlen — Gehlen Dabbs, Vancouver
Break
Family Law and Bankruptcy
- property issues and the division of family property in insolvent circumstances
- effect of bankruptcy and bankruptcy protection of a spouse under the Bankruptcy and Insolvency Act of Canada
- specific property issues such as excluded property
- priority issues
- spousal support and maintenance
- impact of the Family Property Act of BC
- practical reality of the legal analysis of family law in insolvent circumstances
- ethical and practice issues
Benjamin La Borie — Hakemi & Ridgedale LLP, Vancouver
Landlord and Tenant
- bankruptcy and the landlord/tenant relationship
- impact on landlord's rights/remedies on tenant making a proposal under the Bankruptcy and Insolvency Act of Canada
- receivership of the tenant
- Commercial Tenancy Act and liability of bankruptcy trustee and receiver for rent
- landlord's options in dealing with a potentially insolvent tenant
- tips and traps in dealing with an insolvent tenant
Sherryl Dubo — McMillan Dubo Law Group, Kamloops
Networking Lunch (Provided)
Directors' and Officers' Liability in Insolvency
- who is considered an officer or director?
- types of liability
- avoiding or minimizing the liability
- indemnification and insurance
- liability for breach of directors' duties
Lisa C. Hiebert — Borden Ladner Gervais LLP, Vancouver
Forbearance
- forbearance agreements
- settlements
- avoiding fraudulent conveyances/preferences
- issues under federal and provincial statutes
- professional responsibility
H. Lance Williams — Cassels Brock & Blackwell LLP, Vancouver
Break
Non-consumer Proposals
- division I proposals
- notice of intention
- stay of proceedings
- default
- financing
- 'out of court' proposals
- informal proposals
Vicki Tickle — McMillan LLP, Vancouver
Personal Bankruptcy and Discharge of Bankrupt
- process
- the trustee in bankruptcy
- summary administration vs ordinary administration
- stay of proceedings
- property of a bankrupt
- surplus income
- role of creditors
- the filing of proofs of claims
- acting as inspector
- conclusion of process
- orders of discharge
- debts that survive after discharge
- what you need to know if you are acting for a bankrupt or creditor
- student loans
- tax driven bankruptcies
- multiple bankruptcies
- grounds for opposing the bankrupt's discharge
- what evidence you should put before the court
- what orders the court may make
- variation of bankruptcy discharge orders
- appeals
Jennifer McCracken, LIT — BDO First Call Debt Solutions, Langley
Cody G. Reedman — Reedman Law, Vancouver
Bankruptcy Hot Topics Roundtable
- fraudulent preferences and transfers at undervalue
- claims to property in possession of the bankrupt
- s. 38 claims
- lifting the stay of proceedings
- fraud claims surviving discharge
- costs awards in bankruptcy
- appeals periods and process
- s. 163 examinations
Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver
Benjamin La Borie — Hakemi & Ridgedale LLP, Vancouver
Jennifer McCracken, LIT — BDO First Call Debt Solutions, Langley
Cody G. Reedman — Reedman Law, Vancouver