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Our team has written on a wide range of topics. Check out some of our articles.


Jul 4, 2019

Redemption

Mitch Vininsky

With his iconic lyrics Bob Marley famously pleaded “Won't you help to sing, these songs of freedom?”. Borrowers in two recent distress rea... Read more
May 24, 2019

Distressed Trends in Real Estate

Noah Goldstein and Bobby Kofman

  Over the past three years, KSV has been appointed to act on numerous distressed real estate mandates. We have closed dozens of transactions tot... Read more
May 15, 2019

Important Considerations When Issuing Shares of a Private Company To Employees

Eli Brenner

  An effective tool for owners of private companies, to attract and retain talented employees, is to offer them an ownership interest in the comp... Read more
Oct 17, 2018

What is a Syndicated Mortgage and is it a Safe Investment? By Bobby Kofman and Sean Zweig

| The Six-Minute Debtor-Creditor and Insolvency Lawyer 2018

A syndicated mortgage investment (SMI) is an arrangement in which more than one investor (i.e. lender) is involved in a loan or debt obligation secure... Read more
Oct 1, 2018

Application of Equitable Mootness in a Court Ordered Sale in Canada

Noah Goldstein | Commercial Insolvency Reporter

Imagine this scenario. A receiver brings a motion to sell an operating company’s assets. The second-ranking secured creditor objects to the sale. The... Read more
Jun 1, 2018

Advice and Directions - A Court Officer's Role in the Face of Competing Interests

Mitch Vininsky | Commercial Insolvency Reporter

Both model receivership orders and the Bankruptcy and Insolvency Act specifically authorize the court officer to apply for advice and directions to de... Read more
Nov 1, 2015

Canadian Court Rules in Favor of GM Canada Over Dealers

Robert Harlang and Mitch Vininsky | American Bankruptcy Institue Journal

The recent case of Trillium Motor World v. General Motors of Canada, et al. provides a cautionary tale about the perils of an insolvent company reachi... Read more
Oct 1, 2015

Qualifying the Monitor’s Independence

Robert Harlang and Mitch Vininsky | Commercial Insolvency Reporter

Since the re-emergence of the use of the Companies’ Creditors Arrangement Act in the 1980s, there has been an evolution in the role of the monitor. Read more
Sep 1, 2015

What Does “Good Faith” Mean in Insolvency Proceedings

David Sieradzki | Journal of Insolvency Institute

Commercial insolvencies do not have to be, in every instance, a zero sum game — a situation where one party’s gain is equal to another party’s loss… Read more
Aug 1, 2015

Nortel Networks: A New Twist on Substantive Consolidation?

Robert Harlang and Mitch Vininsky | American Bankruptcy Institue Journal

The recent release of the decisions in Nortel Networks’ cross-border insolvency proceedings has reignited discussions on what is fair and reasonable..... Read more
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