ACTS OF BANKRUPTCY - Ceasing to meet liabilities - Fraudulent preferences, conveyances or transactions

Law360 Canada ( June 2, 2025, 12:28 PM EDT) -- Appeal by appellant against an order denying its application for an order enabling it to assert Higgerty Law’s lien rights and stop interest accrual for all creditors in the receivership. Initially, the respondent obtained an order appointing a custodian for Higgerty Law due to a reported $419,000 misappropriation from one of its trust accounts. Higgerty Law had over 200 legal files and 18 creditors, with obligations exceeding $2 million. The appellant, as the largest secured creditor, was owed more than $1 million with interest accruing at 18 per cent per annum. The respondent and the custodian applied for a receiver to manage the financial entitlements associated with Higgerty Law’s contingency files and sought an order to stop interest accrual on the appellant’s secured claims. However, the appellant appealed the decision concerning Higgerty Law, where the Law Society of Alberta obtained an order to appoint a custodian and a receiver for Higgerty Law’s contingency files. The appellant sought to assert Higgerty Law’s lien rights and stop interest accrual for all creditors in the receivership....
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