Overturning Fraudulent Preferences and Transfers
Author(s): Ontario Bar Association
Publication Date: May 2018
Format: shipped (hardcopy), download (PDF)


Description
Recovering from a non-paying debtor is difficult and it becomes significantly harder if assets are moved out of reach of creditors, or if some creditors are paid at the expense of others. Join us as our stellar faculty explores overturning fraudulent preferences and transfers within the insolvency law context. You will gain a thorough review of the legislation and leading case law in this area, as well as a step by step process of how to overturn fraudulent transactions and turn court orders into monetary recovery. Our highly experienced speakers will also discuss issues of budgeting, costs of litigation and managing client expectations.

PROGRAM CHAIR

Frank Spizzirri, AUDAXlaw

TABLE OF CONTENTS

Understanding the Law - Fraudulent Preferences and Transfers under Provincial Legislation and the BIA
R. Graham Phoenix, Loopstra Nixon LLP
Deborah Hornbostel, msi Spergel inc.

Identifying Fraudulent Preferences and Transfers, and Choosing the Right Recovery Proceeding
Sanjvee Mitra, Aird & Berlis LLP
Sheldon Title, MNP LLP

Commencing a Proceeding and Marshalling Evidence for Trial
Ranjan Das, Berkow Youd Lev-Farrell Das LLP

"The Transaction Has Been Voided and Reversed, Now What?" - Turning the Order into Cash
David Filice, Fuller Landau LLP
Michael Nowina, Baker & McKenzie LLP
E. Patrick Shea, LSM, CS, Gowling WLG

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