Insolvency & Collections

Insolvency

Also called: Bankruptcy, BIA, CCAA

Being unable to pay debts as they come due, or having liabilities exceeding realisable assets.

Insolvency is a financial state; bankruptcy is one formal legal process available to an insolvent party. Canadian law also provides restructuring routes, including proposals under the Bankruptcy and Insolvency Act and proceedings under the Companies' Creditors Arrangement Act for larger companies.

Why it matters: directors face heightened duties as a company nears insolvency, and certain transactions in the period beforehand can be reviewed and reversed.

Related terms

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Legal information, not legal advice. Rules differ by province and change over time. A licensed lawyer must review your matter.

Editorial status: Lawkin Editorial — pending independent legal review.

Insolvency — Canadian legal glossary | Lawkin — Lawkin