Table of Contents

Introduction   

1.	Complementarity between the B.I.A. and provincial private law
	1.1.	History of the B.I.A.
	1.2.	Recognition in case law of complementarity
	1.3.	Creation of a working group to harmonize the B.I.A. at Justice Canada
2.	Issues raised in the B.I.A.
	2.1.	Definition of secured creditors
	2.2.	Courts vested with jurisdiction in equity
	2.3.	Petitioning in bankruptcy and other procedural issues
	2.4.	Application of Part XI
	2.5.	Bankruptcy of Quebec partnerships and trusts ("fiducies")
	2.6.	Roles of trustees ("syndics")
3.	General issues
	3.1.	Creation of new security mechanisms
	3.2.	The concept of "settlement/disposition"
	3.3.	The concept of enterprise
	3.4.	The concept of security

General conclusions            

 

 

THE CREATION BY THE FEDERAL PARLIAMENT OF SECURITY MECHANISMS IN THE BANKRUPTCY AND INSOLVENCY ACT

Introduction   

1.	The terminological designation of securities
	1.1.	Hypothecs
	1.2.	Prior claims
	1.3.	Other security mechanisms
2.	The legal framework for the security mechanisms created under the B.I.A.
	2.1.	The creation of securities on property
	2.2.	Granting a preference
	2.3.	The exercise of remedies

General Conclusions