Personal Property Security and Debt Recovery Essentials

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Apr 052017

Personal Property Security and Debt Recovery Essentials

Join seminar chair Prof. Tamara Buckwold and experienced panelists for Personal Property Security and Debt Recovery Essentials in Edmonton (May 17) and Calgary (May 24). Review recent developments, discuss key issues and procedures, and examine common challenges in personal property security and debt recovery law.

Q & A

Prof. Tamara Buckwold began her academic career as a member of the faculty of the College of Law at the University of Saskatchewan. She joined the University of Alberta Faculty of Law in 2005 and has since moved on to teaching and publishing in the areas of commercial law and contracts.

We recently spoke with Tamara to learn more about this program. Here’s what she had to say.

What topics will be covered at this program?

The program will cover central issues that may arise in a lending or credit transaction that involves debt secured by a personal property security interest, right from the outset of the transaction through to enforcement in the event of default. We’ll be looking at due diligence and strategies in structuring a deal and factors in the assessment of priorities including the impact of Crown tax claims. We will also discuss the claims of judgment creditors, the operation of the registry, alternatives in enforcement remedies, and important developments in the case law and legislation.”

What makes this program unique?

This program offers comprehensive coverage of an important area of the law that generally doesn’t get a lot of attention in Continuing Legal Education (CLE) programming and practitioner resources. The focus is on the Personal Property Security Act (PPSA), but we will also look at other areas of law that can have a significant impact on the position of secured creditors. A particular feature of this program that I’ve not seen in PPSA course offerings inside or outside the law school is the comparative discussion of how personal property registries in different Canadian jurisdictions operate in terms of registration and search functionality. I think that will be of real interest given the interjurisdictional character of so much of today’s legal practice.”

What will attendees find most beneficial?

I think attendees will leave the seminar with information they can use in their day-to-day practice, and I think they are likely to learn about issues, strategies, and solutions that they hadn’t previously considered.”

What will be some of the key program takeaways?

Attendees will get practical tips on structuring a security agreement and providing pre-transaction advice, anticipating and managing credit risk, searching and registering in the personal property registry, and enforcing security. Attendees will also get an update on important current developments that they might otherwise miss.”

What excites you about this program?

I’m excited about the depth and range of the program content. What excites me the most about this program is the strength of the faculty and the range of their knowledge and experience. We have an exceptional roster of people who have deep expertise in this area of law and are enthusiastic about their subject. All of our presenters will be inviting questions and comments, and I am really looking forward to the exchange of information and views both among the presenters themselves and between the presenters and seminar participants.”

Topics and Presenters

Learn about personal property and debt recovery law from experienced practitioners.

Michael Morcom | First Steps: Providing Early Advice in Financing Transactions
Rick T.G. Reeson QC | Making the Right Decision on Enforcement Options
Prof. Rod Wood | New and Emerging Developments Under the PPSA
Michael J. Lema | Federal Tax Claims
Prof. Tamara Buckwold | Secured Debt and the Civil Enforcement Act
Kevin Bauer | Recommendations for Effective Registration and Searches

Register Online

Don’t miss the opportunity to network with seasoned practitioners from across Canada. Register online to attend Personal Property Security and Debt Recovery Essentials in Edmonton (May 17) or in Calgary (May 24).

The Constitution in the Insolvency Tool Box

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May 122016

The Constitution in the Insolvency Tool Box

This June, LESA and the Centre for Constitutional Studies invite you to learn about the relationship between constitutional and insolvency law at The Constitution in the Insolvency Tool Box.

Discover answers to key questions, such as:

  1. How do insolvency proceedings interfere with a regulator’s powers under provincial legislation?
  2. How have recent Supreme Court of Canada (SCC) decisions shaped the paramountcy doctrine?
  3. How has the priority ranking of creditors been molded by constitutional doctrine?
Topics and Speakers

During this half-day seminar, you get the chance to hear from seminar co-chairs Dr. Anna Lund and Patricia Paradis, as well as from experienced faculty on the following topics:

Q & A

In a recent interview, seminar co-chair Dr. Anna Lund shed some light on the program and what it has to offer to attendees.

Q: Why is this program valuable?

I think what’s going to be most valuable about the program is that it gives practitioners who are working in the insolvency area a chance to think a little bit more about how constitutional law may impact the types of legal issues that they’re facing. … I think there is going to be a really nice opportunity here for practitioners … to think a little more broadly about some of the issues that have been arising in the insolvency field and the ways that they implicate some of these constitutional principles.”

Q: What makes this program unique?

I think what is particularly unique about it is the intersection. … You don’t have a lot of people writing in the constitutional field about bankruptcy [for example]. … It’s not something that constitutional lawyers look at, and insolvency lawyers do look at constitutional principles (especially when it comes up in the context of priority fights between provincial and federal creditors or creditors who have differing priorities under provincial and federal legislation), but I think that insolvency practitioners could be making event broader and better use of those constitutional principles. … It’s an intersection of law that I think has been under theorized by scholars, underused by practitioners, and understudied by pretty much everyone.”

Q: What should attendees know about the program?

There are a few of things that I think are really exciting about the program. One is that we have this great insolvency community in Edmonton … some really talented practitioners … so, I’m pretty excited about getting that insolvency community together and seeing what sort of interesting, insightful things they have to offer. A second thing I’m really excited about is that we’re doing this at the Art Gallery of Alberta, which is a fantastic building, and it’s great to be able to support that as a part of a faculty of the University, LESA, and the Centre of Constitutional Studies. The last thing that I think is exciting about [the program] is that there is going to be a chance for networking afterwards and [to] discuss the topics a little more informally.”

Sneak Preview

Anna also gave us a sneak preview of her discussion topic.

I’m talking about a couple of decisions that came down in November [2015] from the Supreme Court of Canada, that had to do with whether or not a province could continue to deny a drivers’ license to somebody on the basis of an unpaid debt after that debt had been discharged in bankruptcy. … I’m taking that and thinking about what that decision tells us about the scope of protection and rehabilitation available to individuals in bankruptcy. … I’m particularly interested in the context of regulated professionals – your dentists, your lawyers, your doctors. … If they are subject to some sort of fine or costs award under the professional discipline legislation … does that then mean that they could discharge that in bankruptcy, and avoid any sort of license suspension arising as a result?”

Register Online

Don’t miss the opportunity to delve into a world where constitutional law and insolvency law overlap.

Register now to attend this program in Edmonton, June 9.