AuthorRoderick J. Wood
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
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
consumer propos al, 78, 572–74
court annulme nt, 572
deemed annulme nt, 572–73
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
bankrupt cy trustee, from, 256 –57,
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-
Arrangements. See also Restructuring
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,
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-
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
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,
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

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