What is the effect of a stay of execution on a restructuring plan under the CCAA?
British Columbia, Canada
The following excerpt is from Pacific Shores Resort & Spa Ltd. (Re), 2011 BCSC 1775 (CanLII):
I am of the view that, similar to the facts under consideration in Asset Engineering LP v. Forest & Marine Financial Limited Partnership, 2009 BCCA 319 at para. 26, 273 B.C.A.C. 271, this is a situation where it is unknown whether the “restructuring” will ultimately take the form of a refinancing or will involve a reorganization of the corporate entity or entities and a true compromise of the rights of the parties. The CCAA proceedings have only begun, and I have no doubt that any plan will evolve over time given the usual negotiations that one would expect to occur between the petitioners and the major stakeholders while the stay is in place.
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