NOMA Conference September 27, 2012 BANKRUPTCY AND RECEIVERSHIP: IMPACTS ON YOUR COMMUNITY. Frank Fabiano, CA, CIRP Partner at Grant Thornton Limited

Similar documents
ADVANCED ACCOUNTING. Comprehensive Revaluation of Assets and Liabilities

Restructuring and Insolvency Doing Business In Canada

A Step-by-Step Illustration of SPOE Resolution. February 2016

BANKRUPTCY AND RESTRUCTURING

Questions and Answers About Farm Debt

INSOLVENCY 101 & 201. December 3, By: Peter D. Wedlake, FCIRP

Emmanuel Phaneuf, M.Sc., CIRP, LIT Partner, R&R Raymond Chabot Grant Thornton & Co L.L.P. Priority claims. September 23, 2017

Miller Thomson Seminar April 15, 2009

Insolvency Institute of Canada L Institut d insolvabilité du Canada SUBMISSION TO THE STANDING SENATE COMMITTEE ON BANKING, TRADE AND COMMERCE

Canada: Insolvency and Restructuring Law Overview

Prepacked Plans in Germany Dr Annerose Tashiro 1, Schultze & Braun, Achern, Germany and London, UK

and 3. The Company has its operations in Morin-Heights and is leasing its premises from an affiliated company, Canada Inc. ( 3522 ).

BANKRUPTCY. Freephone. FACTSHEET 10 (2018)

secured lending in Canada

AFM 371 Winter 2008 Chapter 31 - Financial Distress

and TRUSTEE S PRELIMINARY REPORT TO CREDITORS

In the Matter of the Bankruptcy of B.C. Ltd. (Formerly Nita Lake Lodge Corporation)

Basic Debtor Creditor Terminology

Bankruptcy and Insolvency Guide Finding Solutions, Not Problems

and Canada TRUSTEE S PRELIMINARY REPORT TO CREDITORS

Personal Glossary of Terms

and TRUSTEE S PRELIMINARY REPORT TO CREDITORS

NORTEL CCAA PROCEEDING

Fresh Start. Living DebtFree. By Douglas Hoyes. BA, CA, CIRP, CBV, Licensed Insolvency Trustee. Co-Founder of

and TRUSTEE S REPORT TO THE CREDITORS ON PRELIMINARY ADMINISTRATION

Affordable Asset Protection Strategies for Arizona Residents

and TRUSTEE S PRELIMINARY REPORT TO CREDITORS

ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)

Business Bankruptcy and Creditors Rights Issues

United Kingdom Glossary of Insolvency Terms. Authors: David WHITE & John FRANCIS, Association of Business Recovery Professionals (R3)

TRUSTEE S PRELIMINARY REPORT IN THE MATTER OF THE BANKRUPTCY OF GRANTECH ENGINEERING INTERNATIONAL INC.

Official and Creditors Voluntary Liquidations

Canada. Thornton Grout Finnigan LLP. 1 Overview. 2 Key Issues to Consider When the Company is in Financial Difficulties

IN THE MATTER OF THE PROPOSAL OF EXCEL TECHNOLOGIES LIMITED OF THE TOWN OF MILTON IN THE PROVINCE OF ONTARIO

CAIRP NIQP Presentation Materials / Case Studies

WEB APPENDIX 7B. Bankruptcy and Reorganization 1. Federal Bankruptcy Laws

Take notice that: Dated at Laval, Quebec, this 20th day of April, Raymond Chabot Inc. Licensed Insolvency Trustee

An Attorney s Options for Handling Clients in Trouble with Real Estate. Aka: Forbearance to Bankruptcy and Everything in Between

We have over 20 years experience of helping people just like you. We are the only small business debt advice charity operating in the UK.

Frequently Asked Questions. Sears Canada Employee and Retiree Claims Procedure FAQ for Employees represented by Employee Representative Counsel

- and - - and - KPMG INC.

Guide to Enforcement

Submission of the. Review of Bills C-476, C-487, C-501, S-214 and S-216 (40 th Parliament) June 25, 2010

The Short-term Cattle Loan Program Regulations, 2008

WELCOME TO THE FIRST MEETING OF CREDITORS IN THE CONSOLIDATED BANKRUPTCY OF FACTORCORP INC. AND FACTORCORP FINANCIAL INC.

David T. McIndoe September 17, A Primer on the ISDA Resolution Stay Protocol. NAPCO Fall 2015 Credit Conference

SHENANDOAH LIFE INSURANCE COMPANY QUESTIONS AND ANSWERS Revised February 19, 2009

IN THE MATTER OF THE BANKRUPTCY OF GOODWILL INDUSTRIES OF TORONTO, EASTERN, CENTRAL AND NORTHERN ONTARIO

insolvency terms what do they mean?

IN THE MATTER OF THE BANKRUPTCY OF SEAFIELD RESOURCES LTD. HAVING ITS HEAD OFFICE IN THE CITY OF TORONTO, IN THE PROVINCE OF ONTARIO

REPORT OF THE TASK FORCE ON DERIVATIVES

CONSUMER LOAN & SECURITY AGREEMENT COMMERCIAL TERMS

Insolvency and enforcement procedures in England & Wales

Top 4 things not to do:

osb.ic.gc.ca All about Bankruptcy Mediation

COMMUNITY OF PRACTICE QUESTIONNAIRE ON INSOLVENCY LAW AND COMPANY LAW

Chapter 18. CORPORATE LIQUIDATIONS and REORGANIZATIONS

Loan Enforcement Improving the Odds of Recovery. By Michael A. Campbell Polsinelli Shughart PC

BANKRUPTCY, RESTRUCTURING & COMMERCIAL LITIGATION

TO BE (A DEBTOR) OR NOT TO BE (A DEBTOR) THAT IS THE QUESTION..

DEBTS AND DISPUTES. Understanding Debt. What to do?

A Guide to a Personal Insolvency Arrangement ( PIA )

SUPERIOR COURT OF JUSTICE COMMERCIAL LIST

MEMORANDUM. 24 May 2005 REFORM OF THE FINNISH INSOLVENCY LEGISLATION. 1 Background to the reform

SSM National Insolvency Conference 2017 Session 1: The World Bank s Perspective on Debtors and Creditors Rights

Sequoia Deferred Purchase Agreement with Loan Master Product Disclosure Statement

and TRUSTEE S PRELIMINARY REPORT TO CREDITORS

Protecting Canadians' Long Term Disability Benefits. CLHIA Policy Paper

SCHEDULE OF OPTIONS AVAILABLE TO INDIVIDUALS IN FINANCIAL DIFFICULTY

IN THE MATTER OF THE BANKRUPTCY OF NORTEK COMPUTERS LTD. OF THE CITY OF NORTH BAY IN THE PROVINCE OF ONTARIO

The key objectives from the Corporate Debt Policy should be considered and the following key messages highlighted:

Reference: Section 80 (also sections 9 and 78 of the Act and section 26(1.1) of the Income Tax Application Rules, 1971 (ITAR))

SHENANDOAH LIFE INSURANCE COMPANY QUESTIONS AND ANSWERS WHAT IS SHENANDOAH LIFE S STATUS?

THE WHITE HOUSE Office of the Press Secretary. Obama Administration Auto Restructuring Initiative Chrysler-Fiat Alliance

IN THE MATTER OF THE BANKRUPTCIES OF FSP HOLDING LIMITED PARTNERSHIP and FSP HOLDINGS INC. OF THE TOWNSHIP OF ORO MEDONTE IN THE PROVINCE OF ONTARIO

SUPERIOR COURT OF JUSTICE (Commercial List)

DUTIES AND OBLIGATIONS OF SMALL BUSINESS REORGANIZING UNDER CHAPTER 11 OF THE BANKRUPTCY CODE

Reclamation Rights in Bankruptcy What Every Credit Manager Needs to Know By: Schuyler G. Carroll, Esq. & George Angelich, Esq.

No. But an Informal Agreement may be an option. (Over half of Recovery Partners Clients to date, have had enormous success with this approach.

A Tip of the Hat Supreme Court s Indalex Decision Puts Spotlight on Pension Plan Governance

The New Insolvency Act: A Breath of New Life into Insolvent and Distressed Companies in Jamaica

Office of the Superintendent of Bankruptcy

Company Glossary of Terms

CONDENSED INTERIM BALANCE SHEET (UNAUDITED)

Consumer Taxes. This version of bulletin TVQ supersedes the version of March 31, 2004.

Bankruptcy 101 CAPT HELEN RICKEY

CONDENSED INTERIM BALANCE SHEET (UNAUDITED)

S U P E R I O R C O U R T (Commercial Division) CANADA PROVINCE OF QUEBEC DISTRICT OF QUEBEC S.C.:

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF TENNESSEE MOTION OF TITAN GLOBAL HOLDINGS, INC. TO APPOINT A CHAPTER 11 TRUSTEE

and TRUSTEE S PRELIMINARY REPORT TO CREDITORS

CCAA Statistics in Canada. Third Quarter of 2017

Collection Profile Chile

- and - IN THE MATTER OF THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF CANADA INC.:

DEEMED TRUSTS AND OTHER SUPER PRIORITIES

INSOLVENCY AND BANKRUPTCY CODE, By: Karishma Jaiswal Associate Maheshwari & Co. Advocates & Legal Consultants

SECTION 4 NOTICE OF THE BANKRUPTCY CASE

Indicator: Resolving Insolvency

ASSETS (as stated and estimated by the officer) LIABILITIES (as stated and estimated by the officer) 3,698, , ,313,601.

Important information to help people in mortgage arrears

6 Things Every Accounts Receivable Buyer Should Know

Transcription:

NOMA Conference September 27, 2012 BANKRUPTCY AND RECEIVERSHIP: IMPACTS ON YOUR COMMUNITY Frank Fabiano, CA, CIRP Partner at Grant Thornton Limited

BANKRUPTCY AND RECEIVERSHIP: IMPACTS ON YOUR COMMUNITY Agenda Insolvency Options - What Are They? Options Under The Municipal Act Potential Situations That Occur Can a Municipality Go Bankrupt? Conclusion Questions

Insolvency Options What Are They? Bankruptcy A legal process governed by the Bankruptcy and Insolvency Act; the state of being bankrupt or the fact of becoming bankrupt, voluntarily or involuntarily Receivership (Private or Court Appointed) A secured creditor or a court may appoint a receiver to take possession or control of all, or substantially all, of the inventory, accounts receivable or other property of an insolvent person or bankrupt that was acquired for or used in relation to a business carried on by the insolvent person or bankrupt

Insolvency Options What Are They? (Continued) Proposal (Division I or Division II) An offer to creditors to settle one's debts under other than existing terms. May be an informal contractual arrangement, or a formal proposal under a federal statute - the Bankruptcy and Insolvency Act, Companies' Creditors Arrangement Act, Winding-up and Restructuring Act

Insolvency Options What Are They? (Continued) Companies' Creditors Arrangement Act (CCAA) The federal statute regulating commercial reorganizations, which facilitates compromises and arrangements between companies and their creditors Only invoked by companies having at least $5 million in debt; alternative statute to the Bankruptcy and Insolvency Act

Insolvency Options What Are They? (Continued) Notice of Intention to File a Proposal The legal document filed with the Official Receiver that provides an insolvent debtor protection from his creditors, and begins the process under the Bankruptcy and Insolvency Act whereby the debtor makes a proposal to his creditors or becomes bankrupt

Options Under The Municipal Act 1. Tax sale and registration on real property where property taxes are outstanding for more than three years 2. Sale of personal property located on property where property taxes are outstanding 3. Property taxes and water arrears form secured claim against property with outstanding arrears 4. Environmental concerns sometimes may discourage township from taking possession

Potential Situations That Can Occur Tax Registrations Ability to tax register a property after 3 years of outstanding tax arrears Have to wait for one year after tax registration prior to having ability for tax sale Need to monitor closely otherwise will get out of hand Regular policing sends out the right message to other residents to pay their property taxes Need to assess in advance which properties should or should not tax register due to environmental problems

Potential Situations That Can Occur Sale of Personal Property Under the Municipal Act, personal property located on the property with the outstanding tax arrears can be seized by the township The personal property must be owned by the owner or the corporation operating on the property As well, the township must sell the personal property first, prior to any tax registration, otherwise they will lose the ability to do so Can do yourself or get assistance

Potential Situations That Can Occur Pre-Packed Receivership Assisting a township with the transfer of a shutdown plant, with outstanding property taxes, to a new owner New owner already chosen but receiver used to transfer plant over a period of a week Receiver is able to give new owner clear title to the property thus shedding the unsecured debt Allows property to move forward and to continue to earn property tax revenue

Potential Situations That Can Occur Bankruptcy or Receivership Occurs The Bankruptcy and Insolvency Act is complex and overlaps with various other government acts i.e. HST, Income tax When a major industry falls in your community with outstanding property taxes, the debtor is often looking for a tax break Townships may require a consultant to help them understand their options under the different scenarios

Potential Situations That Can Occur Residents Go Bankrupt and Walk from their Homes This is something that has occurred too often over the last five years Even secured creditors have walked away from houses that they had under security Trustees examine all houses to see if worth selling for creditors otherwise walks as well Townships are left holding the bag!

Can a Municipality Go Bankrupt? Recent bankruptcy filings in three California cities have people wondering whether this will happen in Canada It has occurred in the United States due to the depressed housing market We have never seen this happen in Canada to-date nor do we think it will ever happen here We have mastered the art of doing what we can with what we have Unfortunately, this has meant systematically investing less than we should in infrastructure

BANKRUPTCY AND RECEIVERSHIP: IMPACTS ON YOUR COMMUNITY Conclusion Tax registrations, tax sales, receiverships and bankruptcies help to move properties forward and into the hands of new owners This improves property tax revenue and cleans up the community of derelict buildings

BANKRUPTCY AND RECEIVERSHIP: IMPACTS ON YOUR COMMUNITY ANY QUESTIONS???