Index

• Author: Roderick J. Wood
• Pages: 673-696

673

Absolute disch arge, 303. See also Dis-

charge of the ban krupt

Absolute priorit y rule, 493

Abuse of process , 80

Acts of bank ruptcy, 62–70

ceasing to meet l iabilities, 67–69

conduct defeating or del aying credit-

ors, 62 –63

insolvency-relat ed acts, 63–64

judgment enforcement by c reditors,

64– 67

stale acts of ba nkruptcy, 69–70

Adminis tering the bankr upt estate,

236–58. See also Ba nkrupt estate

bankrupt , role of, 254

bankrupt cy court, role of, 255–57

appeals, 256–57

jurisdic tion, 255–56

costs, preferr ed claim, 275–76

creditors, role , 236–46

creditor cont rol model, 236–38

first meeting of c reditors, 238–40

inspectors, appointment, 240–43

proceedings ag ainst third part ies,

243– 45

right to infor mation, 246–46

official receiver, role of, 253

Superintendent of B ankruptcy, role

of, 25 7–58

trustee, role of, 246 –53

appointment of tr ustee, 246–47

carry ing on business of bank rupt,

249–5 0

disposit ion of assets, 251–53

fees , 324

possess ion and control of estate,

248– 49

Admini strative costs

bankrupt cy, 275–76, 324

restruct uring, 391, 460–61

Administrators

consumer proposals, 565–66

farm debt medi ation, 578

appeal of decis ion, 579

Affirmat ion of executory contracts

bankruptc y, 174–78, 182–83

receivership, 551–52

restructuring, 401–2

After-acquired property, 120–22. See

also Post-b ankru ptcy prope rty

effect of disch arge, 321–22

Agricultu ral products, 147, 456–57

Aircraft obje cts, restructuri ng stay, ef-

fect, 369

Annulment

consumer propos al, 78, 572–74

court annulme nt, 572

deemed annulme nt, 572–73

INDEX

BANKR UPTCY AND INSOLVENC Y LAW674

effect of annulme nt, 573–74

restruct uring under BIA, 49 6–97

voluntary b ankruptcy, 80

effect of annulme nt, 81

Anti-depriv ation rule, 88–91, 178–79

Appeals

bankrupt cy trustee, from, 256 –57,

263

farm debt medi ation, 579

restructuring decisions

court orders, 436–37

disputed cla ims, 449–50

Arm’s length tr ansactions, 204–5, 228.

See also Non-arm’s length trans-

actions

Arrangements. See also Restructuring

plan

CBCA, under, 593–96. See also Re-

structur ing under CBCA

farm debts, 581

financial institutions, 591

railway compan ies, 592–93

Assets of debtor

bankrupt cy proceedings. See

Bankrupt e state; Property of the

bankr upt

restructuring proceed ings

business operations. See Business

operation during restructuring

control, 344

sale of asset s, 411–17

sale of. See Sale of as sets

Assign ment

debtor’s rights an d obligations, by

trustee, 91–93

executory cont racts

bankruptc y, 183

receivership, 553–54

restructuring, 407–8

Automatic bank ruptcy, 51, 77–78. See

also Bankruptcy proceed ings

commercial propo sal, failure, 77–78,

361, 378, 496

consumer proposal, annulment, 78,

574

Automatic disch arge, 299–301. See also

Discharge of t he bankrupt

objections to, 300 –1

Automatic resulting trust, 107

Automatic stay. See also Stay of proce ed-

ings

ba nkr uptc y. See Bankruptcy stay

consolidat ion order, 576

consumer proposal, 566–67

restruct uring under BIA, 363– 64. See

also Restruct uring stay

Winding-up and Restruc turing Act,

under, 585–86

Avoidable transactions. See Impeachable

transactions

Balance sheet te st, 21–22

Bankrupt e state, 85–103. See also Prop-

erty of the ba nkrupt

administering. See Administerin g the

bankr upt estate

after-acquired property, 120, 122

anti-depri vation rule, 88–91

business of t he bankrupt, 249

copyright s and patents, 93–94

dealings by d ebtor, 184–86

enh ancing, 18 8–234

anti-preference prov isions,

205–20

distrib ution to shareholders, im-

peaching, 232–34

fraudulent conveya nce legislation,

220–2 6

post-initiation transfers, impeach-

in g, 231–3 2

pre-bankr uptcy transfers, im-

peaching, 188–205

transfer at unde rvalue provisions,

226 –31

environmentally da maged property,

abandonment, 184

exempt property. See Exempt prop -

er ty, b ank rup tcy

licences and quot as, 94–95

mistaken p ayments, 126–27

non-divis ible property, 103–4

non-realiz able property, 102–3

non-transfer able property, 91–93

possess ion and control, 248–49

pre serv ing, 165 –86

environmentally da maged prop-

er ty, 18 4

executory contr acts, 173–83