Bankruptcy & Insolvency 2019

Course Chair
Geoffrey H. Dabbs — Gehlen Dabbs, Vancouver

About the Course Chair
Geoffrey Dabbs' practice focuses on litigation aspects of commercial and insolvency law, including bankruptcy and receivership, commercial tenancy disputes, security recovery, and related matters. He is a partner with the firm, which is now in its 21st year. He has appeared before all levels of court in commercial and insolvency related litigation, including the Supreme Court of Canada on behalf of a successful trustee in bankruptcy. Geoffrey also acts for various housing and strata management organizations as well as housing co-operatives and strata corporations in litigation involving tenancy and governance disputes.

Geoffrey has written and/or presented extensively for CLEBC and for PLTC as well as for the Canadian Association of Insolvency and Restructuring Professionals (being the Administrative national organization for restructuring professionals, including bankruptcy trustees and receivers). 

Faculty
Sherryl Dubo — McMillan Dubo Law Group, Kamloops
Gregory J. Gehlen — Gehlen Dabbs, Vancouver
Lisa C. Hiebert — Borden Ladner Gervais LLP, Vancouver
Benjamin La Borie — Hakemi & Ridgedale LLP, Vancouver
Jennifer McCracken, LIT — BDO First Call Debt Solutions, Langley
Cody G. Reedman — Reedman Law, Vancouver
Vicki Tickle — McMillan LLP, Vancouver
H. Lance Williams — Cassels Brock & Blackwell LLP, Vancouver

Click here for full faculty bios

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