Initiating, influencing and supporting insolvency proceedings: lessons from recent Québec cases

Finstar shows that receivership can be a double-edged sword for creditors without direct first-ranking security over the underlying assets. The collective sale process they initiate may produce an outcome they had hoped to avoid. Before applying, a creditor should assess priority rankings, the receiver’s independent role, the realization strategy, and the potential cost allocation. Solvent…

SC bars creditors from withdrawing insolvency plan over improved finances

The Supreme Court on Monday ruled that lenders cannot withdraw an approved insolvency resolution plan merely because a company’s financial position has improved, potentially limiting creditors’ ability to seek better commercial terms. A division bench of Justices J.B. Pardiwala and K. Vinod Chandran declined to interfere with the National Company Law Tribunal’s (NCLT) order rejecting…