—
X BRAINS
——
Yan David Payne, C.S. (Certified Specialist)*, and the Payne Law Team Have Successfully Helped Thousands of Clients!
Over the past 18 years we have successfully represented Judgment Creditors and other Claimants enforcing and collecting outstanding claims. We have successfully recovered funds and assets through consumer proposal and bankruptcy proceedings.
*Certified Specialist as designated by the Law Society of Ontario
—
–News and Developments:
[2024] DJ v. DaSilva, Superior Court File No. CV-24-00000768
May 2024 – James Clark secures Judgment from the Honourable Justice Howie declaring that a 2019 Judgment for over $427,000.00 (also secured by the firm) shall survive the debtor’s bankruptcy. Firm already successful in extracting hundreds of thousands by setting aside transfer of property to spouse prior to bankruptcy. See: DJ v. DaSilva, Superior Court File No. CV-24-00000768. Also see previous reported decision of the Court setting aside property transfer from debtor to spouse: JV v. DaSilva et al. 2022 ONSC 2691 which was upheld by unanimous panel of the Ontario Court of Appeal: [2023] JV v. DaSilva, 2023 ONCA 137
[2023] Jovkovic v. DaSilva, 2023 ONCA 137
March 2, 2023 – We secured a unanimous decision from Ontario Court of Appeal panel, upholding lower court decision setting aside the transfer of real estate between spouses (transferred by debtor prior to bankruptcy) making value of debtor’s interest in property available for distribution among creditors. Total value of proven claims $974,395.23. See [2023] Jovkovic v. DaSilva, 2023 ONCA 137. See also full lower court reasons of Justice A.K. Mitchell: Endorsement Mitchell J. CV21-1176 Jovkovic v. Dasilva et al. Reasons for Judgment 27May22
[2022] Jovkovic v. DaSilva et al. 2022 ONSC 2691
2022 – Firm succeeds in setting aside transfer of property (transferred by debtor prior to bankruptcy) making value of debtor’s interest in property available for distribution among creditors. Total value of proven claims $974,395.23. Read full May 27, 2022 Endorsement of Justice A.K. Mitchell: Endorsement Mitchell J. CV21-1176 Jovkovic v. Dasilva et al. Reasons for Judgment 27May22
[2021] Jovkovic v. Kevin Thatcher & Associates, Court File No. 35-2314079
June 2021 – Firm secures Order authorizing our client (Judgment Creditor) to prosecute proceedings to set aside transfer of matrimonial home to wife (18 months prior to bankruptcy) for undervalue.
See endorsement of the Honourable Justice Tranquilli dated June 4, 2021: BK-17-2314079 DaSilva v Jovkovic – Endorsement J. Tranquilli dated June 4, 2021. See also formal Order issued by Superior Court of Justice in Bankruptcy and Insolvency: BK-17-2314079 DaSilva v Jovkovic – Order J. Tranquilli dated June 4, 2021
[2018]Jovkovic v. Dasliva Motorsports Ltd. – Superior Court File No. CV-15-523869
We secured Judgment of over $427,000.00 including punitive damages and costs despite personal Defendant filing for bankruptcy.
Judgment only possible because firm previously obtained separate Order for leave to proceed against Defendant despite assignment into bankruptcy. See Order obtained from Bankruptcy Court: Order from bankruptcy court in London – June 6.18.
See formal Judgment: Jovkovic v. Dasliva Motorsports Ltd. – Superior Court File No. CV-15-523869.
In the Matter of the Bankruptcy of National Telecommunications Inc. 2018 ONSC 1101
Mr. James Clark, acting as counsel for trustee in bankruptcy, secures a formal Declaration voiding $334,841.00 in transactions which were deemed undervalued salvaging substantial asset.
The Honourable Justice Pattillo accepted his argument that the transfers were “intended to defraud or delay” a major creditor by falsifying its receivable and payables. See: In the Matter of the Bankruptcy of National Telecommunications Inc. 2018 ONSC 1101
This motion came on the heels of another successful Superior Court of Justice motion in which Mr. Clark was able to obtain a separate order for the payment of $159,330.00 on similar grounds. See the Honourable Justice Myers’ decision in Re: National Telecommunications Inc., a bankrupt, 2017 ONSC 1475.
Bradford (Re), 42 CBR (4th) 178
In Bradford (Re), Mr. Robinson acted for CIT Financial Ltd., a secured creditor seeking leave of the Court to examine a bankrupt and bankrupt’s wife pursuant to s. 163(2) of the Bankruptcy and Insolvency Act. Mr. Robinson persuaded the Court to order such examination by a creditor, as well as an order for production of books, documents, correspondence and papers.
Canadian Association of Insolvency and Restructuring Professionals
Mr. James Clark has been a conference speaker and panelist for the Canadian Association of Insolvency and Restructuring Professionals and has represented trustees in bankruptcy in complex litigation matters including motions for judgment and motions under sections 96(1) and 164 of the Bankruptcy and Insolvency Act.
Comments are closed.
