North America: Insolvency/Bankruptcy/Re-Structuring

Explore critical legal developments in receivership sales and real estate transactions, including how late bids can challenge approved sales and what developers need to know about pre-sale contract disputes. These cases highlight the delicate balance courts must strike between finality and maximizing value in insolvency proceedings.

Sheppard’s Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing.

Liability management exercises (LMEs) offer companies facing financial pressure an alternative to formal bankruptcy, but their tax consequences can significantly impact long-term value creation. Understanding how different LME structures affect cancellation of indebtedness income, tax attributes, and future deductions is essential for stakeholders evaluating out-of-court debt restructuring options.

A federal court awarded Van Leeuwen Ice Cream nearly $24 million in a trademark infringement case against Rebel Creamery, but less than a month later, Rebel filed for Chapter 11 bankruptcy protection.

Garnishment allows judgment creditors to intercept money owed to debtors by third parties, such as banks or employers. While this legal tool can be highly effective for debt collection in certain circumstances, it comes with procedural requirements, exemptions, and practical challenges that creditors must navigate. Understanding when garnishment works best and its limitations is essential for anyone seeking to collect on a judgment in British Columbia.

Sheppard’s Restructure THIS! podcast explores the latest trends and controversies in Chapter 11 bankruptcy, commercial insolvency and distressed investing.