Bankruptcy & Insolvency 2024

Course Chairs
Geoffrey H. Dabbs — Gehlen Dabbs Cash LLP, Vancouver
Rebecca M. Morse — Farris LLP, Vancouver

About the Course Chairs
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 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 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).

Geoffrey is a partner with the firm Gehlen Dabbs Cash LLP, which is now in its 24th year.

Rebecca Morse has a broad range of experience in civil litigation matters including contractual disputes, construction disputes, insolvency and restructuring matters, estate and trust disputes, and international trade matters. She is recognized by The Best Lawyers in Canada for corporate & commercial litigation, trusts and estates, and insolvency & financial restructuring law. She is also recognized by Benchmark Litigation Canada as a Top 100 Women in Canada and as a Litigation Star.

She has experience in conducting trials, appeals, mediations, arbitrations and administrative hearings, and has acted for a variety of corporations (both publicly listed and privately held), individuals, and financial institutions. She has appeared before the BC Supreme Court, the BC Court of Appeal, and the Canadian International Trade Tribunal. Rebecca has also represented clients in matters before the High Court of Justice of England and Wales.

Rebecca is a member of the Private Enterprise Advisory Services team at Farris which is focused on mid-market privately owned businesses. It is a multi-disciplinary practice group formed to better deliver the specific legal services that these businesses need. The Farris team works closely together to provide comprehensive advice to private clients and their companies, and Rebecca's contribution is typically focused on providing advice on litigation matters as well as family estate and trust disputes.

Faculty
Carol M. Cash — Gehlen Dabbs Cash LLP, Vancouver
Robert Fischer — Whitelaw Twining Law Corporation, Vancouver
Ryan Laity — Borden Ladner Gervais LLP, Vancouver
Jennifer McCracken, LIT — BDO First Call Debt Solutions, BC and Yukon
Cody G. Reedman — Reedman Law, Vancouver
Jordan D. Schultz — Dentons Canada LLP, Vancouver
Jonathan L. Williams — Owen Bird Law Corporation, Vancouver

Course Materials Contributors
Jacob Gehlen — Gehlen Dabbs Cash LLP, Vancouver
Morgan Kelly — BDO Canada Limited, Vancouver
Recky Lai — Reedman Law, Vancouver
Katie Mak — Clark Wilson LLP, Vancouver
Eamonn Watson — Dentons Canada LLP, Vancouver
Yomi Wong — Borden Ladner Gervais LLP, Vancouver

Click here for full faculty bios

• Forbearance Agreements
  • timing and effect
  • key terms and optional terms
  • issues and pitfalls

• Division 1 Proposals under the BIA 
  • who may make a proposal
  • filing under the BIA
  • stay of proceedings
  • purpose and terms
  • process and timing
  • restructuring options
  • creditor and court approval
  • performance, default, and annulment
• Informal Proposals
  • considerations
  • advantages and disadvantages
  • work outs

• filing of a proof of claim with a bankruptcy trustee and the process thereafter 
  • purpose of BIA
  • role of the courts
  • proofs of claim
  • trustee's duty to examine
  • trustee may allow or disallow
  • creditor's right to apply to expunge or reduce
    
    • procedure
    • scope of application
  • appeals from disallowance
    
    • nature of an appeal
    • trustee's duty to appear on appeal
    • limitation period
    • process (de novo or true appeal; fresh evidence)
    • trial de novo
    • standard of review
    • standing
• an alternative or parallel process: suing in the civil courts
• costs
• trustee's fees 
  
  • trust claims
  • secured claims

• 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

• new legislation: Money Judgement Enforcement Act replaces Court Order Enforcement Act
• reverse vesting orders
• government COVID loans
• scope of releases
• monitors' costs
• trusts