Subject: Law
Credit units: 3
Offered: Either Term 1 or Term 2
Weekly hours: 2 Seminar/Discussion hours and 1 Reading hours
College: Law
Department: Law (Dean's Office)


In our world of ever growing corporate structures and technology the practice of insolvency law is changing and adapting. This seminar will examine new and emerging legal issues that today’s companies face when they reorganize under the Companies’ Creditors Arrangement Act in Canada by comparing it to how the United States treats similar issues under Chapter 11 of the Bankruptcy Code. Various areas of insolvency law will be discussed including one of the newest issues, the treatment of encrypted digital currencies (“cryptocurrencies” or the “bitcoin”) when a debtor becomes insolvent. Other issues that will be explored include debtor-in-possession financing, critical suppliers, mass tort claims (ie. the Red Cross tainted blood scandal), cross-border insolvencies of multinational corporations, how a debtor’s environmental damage is dealt with in insolvency, the treatment of intellectual property, employment law as well as the use of the CCAA and Chapter 11 to liquidate companies rather than reorganize. The recent reorganizations of Target, Sears and Toys ‘R’ Us will also be examined.

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