Reinventing Bankruptcy Law: A History of the Companies’ Creditors Arrangement Act

Virginia Torrie

Published by University of Toronto Press 2020

Reinventing Bankruptcy Law

A History of the Companies’ Creditors Arrangement Act

Virginia Torrie

https://doi.org/10.3138/9781487534127

Overview
Contents

About this book

Reinventing Bankruptcy Law offers the first historical account of the CCAA, drawing on a broad array of historical sources including legislation, news sources, scholarly writing, archival materials, and more.

Author / Editor information

TorrieVirginia:

Virginia Torrie is an assistant professor in the Faculty of Law at the University of Manitoba, and serves as Editor-in-Chief of the Banking and Finance Law Review.

Reviews

Stephen J. Lubben, Harvey Washington Wiley Chair in Corporate Governance & Business Ethics, Seton Hall University School of Law:

"Most sophisticated American restructuring attorneys know that the CCAA is "like" chapter 11, but many of us know little more than that. Professor Torrie’s book explains why and how the CCAA grew to mirror chapter 11, and why this new understanding of the CCAA may have little to do with the actual intent of the drafters back in the 1930s. For any American reader who wants to really understand the CCAA, and its modern-day relation to chapter 11, this is a must read book."

Vern W. DaRe, Fogler, Rubinoff LLP and co-author of Debt Restructuring: Principles and Practice and Honsberger’s Bankruptcy in Canada :

"Real time" litigation under the CCAA does not permit most practitioners to engage in much historical analysis.　In a breakthrough book based on detailed research and novel analysis, Dr. Virginia Torrie offers the busy practitioner insight into the history of the CCAA, including the evolution of filling "gaps" and advancing the broader public interest. Reinventing Bankruptcy Law is bound to be persuasive to any court."

Adrian Walters, Ralph L. Brill Professor of Law, Chicago-Kent College of Law, Illinois Institute of Technology:

"With impressive scholarship, Reinventing Bankruptcy Law provides an excellent, accessible short history of the CCAA. Virginia Torrie draws upon political science and socio-legal theory to explore why a piece of federal restructuring legislation, hardly used in its enactment during the Depression, became a staple of restructuring practice in the 1980s and onwards. Torrie’s account is comprehensive, well framed, and well evidenced."

Topics

Frontmatter Publicly Available Download PDF	i
Contents Publicly Available Download PDF	vii
Figures and Table Publicly Available Download PDF	ix
Foreword Publicly Available Download PDF	xi
Acknowledgments Publicly Available Download PDF	xiii
Abbreviations Publicly Available Download PDF	xv
1. Historical Institutionalism and the Recursivity of Law Requires Authentication Unlicensed Licensed Download PDF	1
PART ONE. Traditions and Emerging Practices, 1920s–1950s
2. Corporate Restructuring as a Bondholder Remedy Requires Authentication Unlicensed Licensed Download PDF	23
3. Enshrining a Bondholder Remedy in Federal Legislation Requires Authentication Unlicensed Licensed Download PDF	41
4. Constitutional References and Changing Conceptions of Federalism, 1934–1937 Requires Authentication Unlicensed Licensed Download PDF	55
5. Efforts to Repeal the Companies’ Creditors Arrangement Act, 1938–1953 Requires Authentication Unlicensed Licensed Download PDF	71
PART TWO. Transforming CCAA Law, 1970s–2000s
6. New Lenders, New Forms of Lending, and Stalled Bankruptcy Reforms, 1970s–1980s Requires Authentication Unlicensed Licensed Download PDF	89
7. Purposive Interpretation and Pro-Active Judging, 1980s–1990s Requires Authentication Unlicensed Licensed Download PDF	108
8. Judicial Sanction of Tactical Devices Requires Authentication Unlicensed Licensed Download PDF	128
9. Formalizing a Modern Debtor-in- Possession Restructuring Narrative Requires Authentication Unlicensed Licensed Download PDF	149
10. Conclusion Requires Authentication Unlicensed Licensed Download PDF	164
Appendices Requires Authentication Unlicensed Licensed Download PDF	179
Notes Requires Authentication Unlicensed Licensed Download PDF	185
Bibliography Requires Authentication Unlicensed Licensed Download PDF	247
Index Requires Authentication Unlicensed Licensed Download PDF	277

Language: English
Publisher: University of Toronto Press
Audience: College/higher education;Professional and scholarly;
Pages
- Main content: 312
Keywords: companies’ creditors arrangement act; CCAA; corporate insolvency; corporate restructuring; bankruptcy and insolvency; recursivity of law; corporate law; bankruptcy; insolvency; history of bankruptcy in Canada

eBook

Published: May 26, 2020
ISBN: 9781487534127