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SOMETIMES EVEN A BONA FIDE SHARK NEEDS BANKRUPTCY AND INSOLVENCY HELP

bankruptcy and insolvency
bankruptcy and insolvency

If you would prefer to listen to the audio version of this bankruptcy and insolvency Brandon’s Blog, please scroll to the bottom and click on the podcast.

Bankruptcy and insolvency: Introduction

Not every innovation that is seen on The Shark Tank is bound to be one of the very best. Among the winners, Fizzics is a machine that makes use of sound waves that improve the taste and quality of a beer. Not even a Shark can stop its company from being driven to bankruptcy and insolvency Chapter 11 bankruptcy protection. This proves that often an ingenious and fantastic invention being marketed with the assistance of a Shark might not truly interest people.

bankruptcy and insolvency
bankruptcy and insolvency

Fizzics was seen on the season 8 première of The Shark Tank. The judges, in spite of the early skepticism, accepted this pitch. It currently seems to be backfiring in a huge way. The idea of making a bottle of beer taste better, just like a draft beer from the tap, isn’t a silly way to invest your time. But a better tasting beer is a big luxury. Many people may check out is the brand-new shiny plaything on the block. It is something wacky and cute but not completely effective or needed.

What is difference between bankruptcy and insolvency in Canada?

What is insolvency? – Individuals are considered to be insolvent when they are not able to pay the financial debts they owe their creditors on their respective due dates. If you become insolvent, you might choose to declare bankruptcy, or you could handle your financial debts with other options such as a consolidation loan or a debt settlement consumer proposal.

Insolvency and bankruptcy are 2 terms that are often very closely associated when discussing debt. However, they have very different meanings. Insolvency describes an economic state. It is when you cannot afford to pay your debts when due. If you liquidated all of your assets, there would not be enough money to pay off all your debts in full.

What is bankruptcy? – Bankruptcy is a legal process. It means that a creditor has gone to court and obtained a Bankruptcy Order to place a person or company into the legal status of bankruptcy. Or, the person or company has filed an Assignment in Bankruptcy. The Bankruptcy and Insolvency Act (BIA) is the Canadian bankruptcy law legislation regulating all administrations of the BIA in Canada.

The various kinds of insolvency proceedings under the BIA are:

  • corporate bankruptcy;
  • personal bankruptcy; either a summary administration bankruptcy or an ordinary administration.
  • consumer proposals;
  • Part III Division I Proposal; and
  • receiverships.

Canadian BIA insolvency proceedings and bankruptcy proceedings can only be administered by licensed insolvency trustees (formerly called trustees in bankruptcy). The short form for a trustee in bankruptcy is now LIT, licensed insolvency trustee (Trustee). Trustees are licensed and supervised by the Office of the Superintendent of Bankruptcy (Canada) (OSB) which is part of Industry Canada. The OSB is responsible for the administration of bankruptcies in Canada.

Bankruptcy and Insolvency: Does the consumer really need it?

Eventually, these types of ideas are those that often tend to seem like the most effective thing since sliced bread. Their shiny brand-new finish tends to subside promptly given the expense of creating them. Even tougher, is finding a large enough market of people who truly intend to quit the dependable and old ways to carry out something. The uniqueness will swiftly wear away. The equipment will then come to be a chunk of scrap that is most likely to rest on the counter and seldom gets used. That might seem unkind, however, usefulness and need to at some point seem to divide the wheat (or barley) from the chaff!

So Fizzics, for all that it is able to do, turned out to be not the sort of device that has the ability to make a great deal of sense in a business setting. It is just for home-usage. In a bar, people go to consume alcohol and socialize. They are not there to wait on a number of sound waves to make their drink preference taste and look better. If they want a draft beer, they will order from the tap. If they want a bottled beer, that is what they will order.

For home usage, it is an excellent novelty. Everyone has their favourite beer. People anticipate it to taste the way they know it too – straight out of the bottle or can.

The Fizzics Business: The Sharks bit and invested money

Philip Petracca and his partner, David McDonald, made it to ABC’s “Shark Tank” in 2016, offering beer to a hesitant panel. They eventually turned most of the judges into followers. Lori Greiner and fellow Shark Mark Cuban agreed to spend $2 million into Fizzics for a consolidated 16.67 percent equity. Fizzics attained its objective of expanding its selling networks.

With the help of the Sharks, Fizzics entered Target, Best Buy, Brookstone, on Amazon, and several other areas– including Bed, Bath & Beyond. They have been reviewed in many renowned publications, and on several websites such as Yahoo! Tech as well as CNet. The Fizzics beer-making device was called absolutely nothing short of a wonder.

bankruptcy and insolvency
bankruptcy and insolvency

They increased their patented modern technology and generated a much more portable item called the Fizzics Waytap. Beer fanatics were still going crazy about the original dispenser in magazines.

On March 12, 2019, Fizzics Group, Inc. applied for Chapter 11 bankruptcy in Delaware under the United States insolvency and bankruptcy code. It reported assets of between $100,000 as well as $500,000 and debts of between $1 million and $10 million (based on contingencies and disputed claims). Time will tell if the business can be reorganized and saved, or if the remaining product inventory will end up in the clearance area!

Bankruptcy and insolvency: Do you need help?

I hope you enjoyed this Fizzics Shark Tank bankruptcy and insolvency blog. Do you or your business have excessive debt? Are you having an issue making your month-to-month expenses? Is your company handling its financial obstacles something you simply can’t figure the way out of? Are you looking for a business restructuring plan or an individual debt negotiation plan?

If so, call the Ira Smith Team today. We have years and generations of experience helping people and companies seeking financial restructuring or a debt settlement strategy. As a licensed insolvency trustee, we are the only specialists recognized, accredited and supervised by the Federal government to give insolvency advice and remedies to assist you and to prevent bankruptcy.

Call the Ira Smith Team today so you can end the stress and anxiety financial problems create. With the special roadmap, we will develop with and special to you, we will promptly return you right into a healthy, balanced hassle-free life.

You can have a no-cost appointment to assist you so we can fix your debt troubles. Call the Ira Smith Team today. This will certainly allow you to make a fresh start, Starting Over Starting Now.

 

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Brandon Blog Post

EMPLOYEE BENEFITS CANADA: ENHANCING RETIREMENT SECURITY IN CANADIAN INSOLVENCY AND BANKRUPTCY

,employee benefits canada

If you prefer, you can listen to the employee benefits Canada podcast.  Please scroll down to the bottom of the page for the audio.

Employee benefits Canada:  Introduction

The Federal government supports the proposition that Canadians are entitled to a risk-free, safe, secure and sensible retired life.  Corporate financial troubles have increased problems about the safety of pension plan, wage and benefit payments for employees and senior citizens.   Employee benefits Canada is now being looked at by the Federal government.

The most recent case that has brought these issues to the forefront has been the Sears Canada liquidation.  Federal politicians have sponsored several private member’s bills which have now caught the serious attention of our Federal government.    Two such Bills were brought forward by Hamilton Mountain NDP MP Scott Duvall and Senator Art Eggleton.  The Federal government wants to make employee benefits Canada news.

Employee benefits Canada: My previous blogs

I have written on the issue in several blogs:

  1. TORONTO BUSINESS BANKRUPTCY PROTECTION: NDP WANTS FEDERAL INSOLVENCY LAWS CHANGED SO THERE IS PENSION PLAN SECURITY WHEN FINANCIALLY TROUBLED BUSINESSES FAIL – September 27, 2017
  2. SEARS CANADA IS CLOSING: THE #1 REASON YOU HAVE TO RUN AND NOT JUST WALK TO REDEEM YOUR GIFT CARDS AND CREDITS – October 18, 2017
  3. SEARS CANADA CLOSING: POLITICIANS WANT NEW LAWS TO PROTECT PENSIONERS DUE TO SEARS CANADA CLOSING – November 1, 2017
  4. SEARS CANADA DEFINED BENEFIT PENSION PLAN SHORTFALL: MP SCOTT DUVALL COMES THROUGH ON HIS PROMISE IN CANADIAN PARLIAMENT – November 8, 2017
  5. CORPORATE BANKRUPTCIES CANADA: SENATOR EGGLETON PROPOSES NEW PENSION FUND CANADA LAW – October 22, 2018

Arising out of certain policy statements in the Fall 2018 Budget, the Federal government is looking for responses from pensioners, employees, firms, professionals and various other stakeholders to take a macro, evidence-based strategy to try to provide better-retired life protection for all Canadians.

Employee benefits Canada: Canada’s retirement income system

Canada’s retirement income system (RIS) is currently based upon 3 columns:

  1. Old Age Security (OAS) and the Guaranteed Income Supplement (GIS) give a fundamental degree of retired life earnings.Canada Pension (CPP) gives standard a certain wage substitute for employees, funded by payments from employees, companies and the self-employed.
  2. Employer-based pension – Defined Benefit (DB) and Defined Contribution (DC)).
  3. Income tax-assisted personal saving vehicles, such as Registered Retired Savings Plan (RRSP) and Tax-Free Savings Accounts (TFSA).

Employee benefits Canada:  Insolvency and Bankruptcy Law

In 2008-2009, the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3) (BIA) and the Companies’ Creditors Arrangement Act (R.S.C., 1985, c. C-36) (CCAA) was changed.  Under the BIA, in a receivership or bankruptcy, arrears of wages was given a super-priority.  Approximately $2,000 per staff member must be paid before secured creditors. Any unfunded normal employer pension plan contributions (as distinct from any unfunded pension liability determined by an actuarial evaluation) also have a super-priority in either a bankruptcy or receivership.  

As far as a corporate restructuring proposal under the BIA, the amendment also states that the Court cannot approve any Proposal that does not provide for the same treatment.  The CCAA was similarly modified to be consistent with corporate restructuring under the BIA.

Employee benefits Canada: Corporate governance

The Canada Business Corporations Act (CBCA) supplies the fundamental business administration structure for Federally incorporated companies.  Although good corporate governance is important for all business stakeholders, it must be followed and implemented to be of any use.

As I indicated above, the Sears Canada defined benefit pension plan shortfall has caused the Federal government to now look at a variety of options to try to better protect employees and retirees for both pensions and benefits.

Employee benefits Canada:  The Feds are looking for stakeholder comments

The Federal government wants to listen to the thoughts of stakeholders on what further actions that might be embraced to boost retired life safety for workers and senior citizens impacted by company bankruptcy.  Specifically, the Federal government wants stakeholder response on increased security for workers’ claims in insolvencies, including changing the BIA and CCAA to make sure that there is a super-priority to pay unfunded pension plan contributions and benefits claims ahead of the claims of secured creditors.

Many options are being considered that the Federal government wants stakeholder comments on by the end of this year.

Employee benefits Canada:  Pension options being looked at

Possible pension options being considered are:

  • Solvency reserves: A solvency reserve is an account the employer could contribute to so that pension deficits can be eliminated.   I doubt this would work. If the company could afford to pay into a solvency reserve, they could also afford to just pay off the pension payment deficit.
  • Pension plan financing relief: The Minister of Finance has the authority to offer companies with pension plan financing relief to assist in the long-term survival of the company pension. The Minister’s authority could be boosted to assist companies with a pension plan deficit experiencing financial problems.  This type of help, being a moratorium on pension payments, could come with specific conditions. Such special conditions could include a moratorium on the payment of dividends, share redemptions and senior executive bonuses.
  • Self-managed accounts: Upon the bankruptcy of the company, the DB plan ends.  In that case, the only option is to transfer each former employees’ respective entitlement to purchase an annuity.  So, the expected benefit will never materialize because of the underfunding. Federal pension legislation (and provincial legislation to follow) could provide extra options.  It could allow rolling over of each entitlement into a self-managed plan such as an RRSP.  This way there is an opportunity to recoup some of the lost benefits over time.

Employee benefits Canada:  Corporate governance options being looked at

  • Limitations on the company: Dividends, share redemptions and senior management bonuses could be restricted under the CBCA in situations where a company is in arrears of pension contributions.  Once the arrears are caught up, then such special payments could continue. As federally incorporated companies are the minority of all companies in Canada. The Provinces would also have to invoke similar legislation.  An annual filing mechanism, perhaps through the Canada Revenue Agency, would also have to be established so that companies could be monitored.

Employee benefits Canada:  Bankruptcy and insolvency options being looked at

  • Increased “look-back” time: The BIA permits a court to reverse dividends paid or share redemptions made by an insolvent company within one year preceding the date of bankruptcy. The BIA and CCAA additionally allow a court to invalidate reviewable transaction (transfers at undervalue) by the Debtor as much as 5 years prior to the insolvency. In order to further connect corporate behaviour with employee interests, the “look-back” period in the BIA and the CCAA can be amended to include the unwinding of executive benefits, dividend payments and share redemptions at a time when there were also unfunded pension liabilities. The legislation could be amended to state that the recovered funds must go to paying down the pension payment arrears.  I would also go one step further to make the amount approved by the Directors of the corporation to be paid out while there were pension plan contribution arrears a personal liability of such Directors.
  • Improved openness in CCAA rules: In CCAA, the borrower business negotiates with its creditors on a debt settlement plan.  The process is conducted under court supervision.  The legislation could be amended so that when there is an underfunded pension plan, it would be mandatory to have legal representation for the employees who are participants in such pension plan.  This could be accomplished by amending the CCAA legislation to need that upon the motion to get the Initial Order the administrator of the pension plan must be an initial stakeholder that is consulted and served with the Initial Order motion material.  The plan administrator has the statutory right to retain legal counsel and be represented at all Court hearings.

Employee benefits Canada:  The solutions are varied and complex

As you can see, the range of possible solutions are varied and complex.  However, one thing is for sure though. The Federal government has now awoken to the issue of shareholders being enriched off of the backs of the workers.  The Sears Canada CCAA liquidation has brought the issue to the forefront. It will be very interesting to see how the Federal government proceeds in 2019.

Employee benefits Canada:  Is your company bogged down by too much debt?

Is your company under fire as a result of too much debt, including pension plan contribution arrears? Is your business looking for reorganizing to get debt alleviation?

The Ira Smith Team has years as well as generations of experience helping people and companies in financial difficulty. If your company needs a corporate restructuring debt negotiation strategy, we have the experience.  We will end your stress, anxiety and discomfort.   Whether it is a BIA or CCAA debt restructuring, we can help you.  We will return you and your company to a healthy, balanced and efficient pain-free life.

Our method for every case is to establish a remedy where Starting Over, Starting Now takes place. This begins the minute you consult with us and walk through our front door. You’re merely one telephone call away.  Therefore, with our help, you will take the required steps to go back to leading a healthy and balanced problem-free life.

Call us today for your free first consultation.

Call a Trustee Now!