Financial Services & Restructuring Communiqué

A pen sits over top a budget sheet

October 28, 2020

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Expansion of s. 38 of the BIA assignment of claims

Tamie Dolny, Monica Faheim, Kenneth R. Rosenstein

Historically, an assignment of claims pursuant to s. 38 of Bankruptcy and Insolvency Act (the “BIA”)[1] has only been used in the context of an assignment in bankruptcy. For instance, the use of s. 38 of the BIA in the...

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