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Re: FosterK post# 1227

Friday, 05/14/2021 5:19:19 PM

Friday, May 14, 2021 5:19:19 PM

Post# of 1580
2. Is a company that files for protection under CCAA considered to be bankrupt?

No. While a company filing for CCAA is insolvent, meaning that it has insufficient liquidity to continue to fund its obligations as they become due and/or its liabilities are greater than the assets that are
available to satisfy those liabilities, the company is not considered to be bankrupt.

In Canada,
‘bankruptcy’ refers to proceedings commenced under the Bankruptcy and Insolvency Act, which is different than the CCAA.


In fact, the Stay of Proceedings under the CCAA prevents creditors from forcing the company into bankruptcy.

For this reason, CCAA is sometimes referred to as ‘Bankruptcy Protection’.



Pdf file

https://www.google.com/url?sa=t&source=web&rct=j&url=https://www.alvarezandmarsal.com/sites/default/files/canada/twenty_first_report_of_the_monitor_march_16_2020.pdf&ved=2ahUKEwjdpfzPjcrwAhVBmK0KHXasAxUQFjABegQIBRAC&usg=AOvVaw0OSn5rD6JUm3O9iFWKG8zc