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Course Name Priorities and Priority Claims in Bankruptcy
Course Code BFSL 6773
Course Credits 3.0
Pre/Anti-requisites Pre-Requisite For students outside the BFSL specialization: BFSL 6800: Introductory course I: Introduction to Financial Services Law or BFSL 6901: Introductory course III: Advanced Bankruptcy and Insolvency Law or Demonstrated foundational knowledge of Canadian bankruptcy and insolvency law concepts.
Course Description

The point of departure of this course is the basic insolvency premise that creditors should be treated equally. The Bankruptcy and Insolvency Act and other legislative provisions, however, have created a significant list of exceptions to the premise and, in the non-statutory context, commercial transactions are often structured with a view to creating priority positions for non-debtor parties. What role do priority claims, and anti-preference rules, serve in the bankruptcy process? Are there better ways of achieving the goals that legislative priorities seek to achieve? While the focus of the course will be the Bankruptcy and Insolvency Act, we will also examine the constitutional issues which arise in respect of governmental priorities and the impact of bankruptcy on various types of claims.

Upcoming Offerings

Winter 2022

Specialization Financial Law
Status Elective
CPD Hours Eligible LSO CPD: 12h Substantive Professional LLM courses may be eligible for CPD/MCLE credits in other Canadian jurisdictions. To inquire about credit eligibility, please email cpd@osgoode.yorku.ca
NCA Status N/A

All courses and schedules are subject to change.