Insolvency cases

Receivership Proceedings

• Receivership Proceedings
  • Motion materials
    • Respondents’ Supplemental Authorities – dated October 30, 2022
    • Respondents’ Factum Re: Motion to Intervene as Added Party – dated October 30, 2022
    • Responding  Factum of the Applicant – dated October 29, 2022
    • Brief of Rule 39.03 Examinations Materials – dated October 28, 2022
    • Reply Factum of  the Applicant – dated October 26, 2022
    • Respondents’ Factum  – dated October 24, 2022
    • Respondents’ Application Record – dated October 13, 2022
    • Supplemental Affidavit of Tyler Ray – dated September 30, 2022
    • Factum of the Applicant – dated September 16, 2022
    • Application Record – dated August 8, 2022
  • Court orders
    • Notice of Appeal – dated Janaury 30, 2023
    • Amended and Restated Appointment Order – dated Janaury 19, 2023
    • Endorsement – Chief Justice Morawetz – dated January 19, 2023
    • Endorsement – Chief Justice Morawetz – dated January 19, 2023
    • Order Appointing Receiver- dated October 31, 2022
  • Notices
    • Supplemental Notice and Statement of the Receiver – Dated February 16, 2023
    • Notice and Statement of Receiver – dated  November 10,  2022
  • Reports
  • Other
    • Service List – dated February 6 2023
  • Forms
  •  

• bankruptcy proceedings
  • 4093879 Canada Ltd. – Certificate of Appointment –  dated June 19, 2024
  • 4093887 Canada Ltd. – Certificate of Appointment –  dated June 19, 2024
  • Fashion Ventures Inc.  – Certificate of Appointment – dated June 19, 2024
  • Nygard Holdings USA Limited – Certificate of Appointment –  dated June 19, 2024
  • Nygard Inc. Certificate of Appointment –  dated June 19, 2024
  • Nygard International Partnership – Certificate of Appointment – dated June 19, 2024
  • Nygard NY Retail, LLC – Certificate of Appointment – dated June 19, 2024
  • Nygard Properties Ltd. (Certificate of Filing of a Bankruptcy Order) – dated June 21, 2024
  • Nygard Enterprises Ltd. (Certificate of Filing of a Bankruptcy Order) – dated June 21, 2024
  • Motion materials
  • Court orders
  • Notices
    • Notice of Bankruptcy, First Meeting of Creditors – dated June 26, 2024
  • Reports
    • Trustee’s Report to the First Meeting of Creditors on Preliminary Administration – dated July 8, 2024
  • Wage Earner Protection Program Act
  • Forms
    • Proof of claim
    • Registration Form
  • other

• Receivership Proceedings
  • 4093879 Canada Inc. – Filing of Receivership and Reporting Duties of Receiver – dated March 19, 2020
  • 4093887 Canada Inc. – Filing of Receivership and Reporting Duties of Receiver – dated March 19, 2020
  • Fashion Ventures Inc. – Filing of Receivership and Reporting Duties of Receiver – dated March 19, 2020
  • Nygard Enterprises Ltd. – Filing of Receivership and Reporting Duties of Receivership – dated March 19, 2020
  • Nygard Inc. – Filing of Receivership and Reporting Duties of Receiver – dated March 19, 2020
  • Nygard International Partnership – Filing of Receivership and Reporting Dutites of Receiver – dated March 19, 2020
  • Nygard Properties Ltd. – Filing of Receivership and Reporting Duties of Receiver – dated March 19, 2020
  • Nygard NY Retail LLC – Filing of Receivership and Reporting Duties of Receiver -dated March 25, 2020
  • Nygard Holdings (USA) Limited – Filing of Receivership and Reporting Duties of Receiver – dated March 30, 2020
  • Motion materials
    • Supplementary Affidavit  of Wayne Onchulenko- dated May 12, 2023
    • Notice of Motion – May 9, 2023
    • Affidavit of Wayne Onchulenko – dated May 9.23
    • Motion Brief of the Attorney General Mr. Nygard Legal Fees Approval Order – October 17, 2022
    • Motion Brief of the Receiver (Mr. Nygard Legal Fees Approval Order)- dated October 11, 2022
    • Motion Brief of Nygard Properties Ltd. – dated October 3, 2022
    • Affidavit of Wayne Onchulenko – dated October 3, 2022
    • Supplemental Motion Brief of the (Respondents) Applicants – dated April 1, 2022
    • Notice of Motion – dated March 25, 2022
    • Affidavit of Liam O. Valgardson – dated March 25, 2022
    • Motion Brief of the (Respondents) Applicants – dated March 25, 2022
    • Motion Brief of the Respondents – dated Janaury 5, 2022
    • Supplementary Motion Brief of the Receiver – dated December 29, 2021
    • Notice of Motion – dated December 10, 2021
    • Reply Motion Brief of the Respondents – dated December 10, 2021
    • Affidavit of Brian H. Greenspan  – dated December 9, 2021
    • Supplementary Motion Brief of the Receiver (Net Receivership Proceeds Order) – dated November 30, 2021
    • Motion Brief of the Respondents – dated October 29, 2021
    • Affidavit of Debbie Mackie – dated October 29, 2021
    • Affidavit of Joe Albert – dated October 29, 2021
    • Motion Brief of the Receiver – Questions Motion-  dated September 14, 2021
    • Motion Brief of the Respondents – dated September 10, 2021
    • Affidavit of Greg Fenske – dated September 7, 2021
    • Notice of Motion- returnable September 16,  2021 – dated September 7, 2021
    • Motion Brief of the Receiver (Net Receivership Proceeds Order) – dated June 21, 2021
    • Notice of Motion of the Receiver (Net Receivership Proceeds Order) – dated June 4, 2021
    • Motion Brief of the Appellants (Volume 2 of 2) – dated December 20, 2020
    • Motion Brief of the Appellants (Volume 1 of 2) – dated December 15,2020
    • Letter to Registrar –  dated December 11, 2020
    • Notice of Motion of the Receiver – dated December 11, 2020
    • Motion Brief – Cancelling the Stay – dated December 11, 2020
    • Motion Brief of the Respondents – dated November 12, 2020
    • Affidavit of Peter Nygard – dated November12, 2020
    • Affidavit of Joe Albert – dated November 12, 2020
    • Notice of Motion – dated November 5, 2020
    • Motion Brief of the Respondents- dated November 5, 2020
    • Affidavit of Joe Albert – dated November 5, 2020
    • Affidavit of Greg Fenske – dated November 5, 2020
    • Supplementary Motion Brief of the Receiver –  dated November 10, 2020
    • Affidavit of Greg Fenske – dated October 20, 2020
    • Supplemental Motion Brief of the Respondents – dated October 20, 2020
    • Notice of Motion  – dated October 20, 2020
    • Affidavit of Greg Fenske – dated October 6, 2020
    • Motion Brief of the Respondents – dated October 6, 2020
    • Affidavit of Greg Fenske – dated September 29, 2020
    • Notice of Motion – dated September 29, 2020
    • Affidavit of Greg Fenske – dated September 13, 2020
    • Notice of Motion – dated September 13, 2020
    • Motion Brief of the Receiver (Inkster Approval and Vesting Order) – dated November 2, 2020
    • Notice of Motion (Inkster Approval and Vesting Order)  dated October 26, 2020
    • Notice of Motion of the Receiver (Document Transfer Abandonment Destruction Authorization Order) – dated September 25, 2020
    • Motion Brief of the Receiver – (E/B Settlement Approval Order) – dated September 11, 2020
    • Notice of Motion of the Receiver (E/B Settlement approval order) – dated September 10, 2020
    • Notice of Motion of the Receiver (Niagara Approval and Vesting Order) – dated August 3, 2020
    • Motion Brief  of the Receiver – California Properties  – dated July 6, 2020
    • Affidavit of Peter Nygard – dated  June 25.20
    • Supplementary Motion Brief of the Receiver (Notre Dame approval and vesting order)- dated June 29 2020
    • Motion Brief of the Receiver ( Dillard’s Settlement Approval) – dated June 28, 2020
    • Notice of Motion of the Receiver (Dillard`s Settlement Approval Order) – dated June 26, 2020
    • Affidavit of Greg Fenske  – dated June 24, 2020
    • Motion Brief of the Respondents (Notre Dame Approval and Vesting Order) – dated June 24, 2020
    • Motion Brief of the Receiver (Notre Dame approval and vesting order) – dated June 23, 2020
    • Notice of Motion of the Receiver (Notre Dame approval and vesting order) – dated June 19, 2020
    • Motion Brief of the Respondents (Inventory Sales Process – Landlord Charge) – dated May 31, 2020
    • Supplemenatry Motion Brief of he Receiver (Landlord Terms) – dated May 31, 2020
    • Motion Brief of the Receiver (Landlord Terms) – dated May 28, 2020
    •  Notice of Motion of the Receiver (Landlord Terms Order) – dated May 27, 2020
    • Affidavit of Landon Bibeau
    • Supplementary Brief of the Receiver (Records access) – dated April 27, 2020
    • Brief of the Respondents – dated April  24, 2020
    • Affidavit of Greg Fenske – dated April 24 2020
    • Notice of Motion – dated April 23, 2020
    • Motion Brief of the Receiver (Sales process and records access) –  dated April 21, 2020
    • Notice of Motion of the Receiver (sale process, KERP and records access) – dated April 17, 2020
    • Notice of Motion – dated April 8, 2020
    • Affidavit of Greg Fenske – dated April 8, 2020
    • Affidavit of Shannon Forest – dated March 23 2020
    • Supplementary Brief of the Applicant – dated March 18, 2020
    • Notice of Motion (hearing March 20, 2020) – dated March 18, 2020
    • Notice of Motion  – dated March 18, 2020
    • Supplemental Affidavit of Robert Dean – dated March 17, 2020
    • Affidavit of Laura Leigh Buley – dated March17, 2020
    • Affidavit of Jami Jacyk –  dated March 12, 2020 
    • Affidavit of Greg Fenske –  dated  March 12, 2020
    • Affidavit of Greg Fenske –  dated March 11,  2020
    • Affidavit of Debbie Mackie  – dated March 10, 2020
    • Brief of the Respondents – dated March 10, 2020
    • Notice of Motion – dated March 10, 2020
    • Notice of Application – dated March 10, 2020
    • Affidavit of Robert Dean – dated March 9, 2020
    • Brief of the Applicant – dated March 9, 2020
    • Supplemental Submission of the Applicant
  • Court orders
    • Manitoba Court of Appeal Decision – dated September 11, 2023
    • The Net Receivership Proceeds Order and Nygard Legal Fees Distribution  Order – dated March 10, 22
    • Landlords’ Charge Claims Procedure Order – dated March 4, 2021
    • Broadway Approval and Vesting Order – dated Feb 19, 2021
    • Inkster Approval and Vesting Order – dated  January 26 2021
    • Order – dated September 16, 2020
    • E/B Settlement Approval Order  – dated September  16, 2020
    • Niagara approval and Vesting Order – dated August 17, 2020
    • Notre Dame Approval and Vesting Order – July 6, 2020
    • Dillards Settlement Approval Order – dated July 2, 2020
    • Landlord Terms Order – dated June 2, 2020
    • Sale Approval Order – dated May 20, 2020
    • General Order – dated May 15, 2020
    • Order – dated March 18, 2020
    • Receivership Order – dated March 18, 2020
    • Order – dated March 12, 2020
  • Notices
    • Notice and Statement of Receiver – dated March 27, 2020
  • Reports
    • Fourteenth Report of the Receiver -ated May 15, 2023
    • Supplementary Thirteenth Report of the Receiver – dated October 26, 2022
    • Thirteenth Report of the Receiver – dated October 12, 2022
    • Second Supplementary Twelfth Report of the Receiver – dated November 30, 2021
    • Supplementary Twelfth Report of the Receiver – dated September 14, 2021
    • Twelfth Report of the Receiver – dated June 4, 2021
    • Eleventh Report of the Receiver – dated February 24, 2021
    • Tenth Report of the Receiver –  dated January 21, 2021
    • Second Supplementary Ninth Report of the Receiver – dated December 30, 2020
    • Supplementary Ninth Report of the Receiver  – dated November 10, 2020
    • Ninth Report of the Receiver – dated November 2, 2020
    • Supplementary Eighth Report of the Receiver –  dated October 12, 2020
    • Eighth Report of the Receiver – dated September 28, 2020
    • Supplementary Seventh Report of the Receiver – dated September 14, 2020
    • Seventh Report of the Receiver –  dated September 10, 2020
    • Sixth Report of the Receiver – dated August 3, 2020
    • Fifth Report of the Receiver –  dated July 6, 2020
    • Supplementary Third Report of the Receiver –  dated June 29, 2020
    • Fourth Report of the Receiver – dated June 27, 2020
    • Third Report of the Receiver – dated June 22, 2020
    • Supplementary  Second Report of the Receiver – dated May 31, 2020
    • Second Report of the Receiver – dated May 27, 2020
    • Supplementary First Report of the Receiver – dated April 27, 2020
    • First Report of the Receiver – dated April 20, 2020
  • Wage Earner Protection Program Act
  • Forms
• chapter 15
  • motions 
    • Notice of Commencement of Chapter 15 cases and joint administration – dated March 18, 2020
    • Declaration of Gilles Benchaya in support of (I) verified petition under Chapter 15 for recognition of a foreign main proceeding and related relief and (II) motion of the Foreign Representative for provisional relief in aid of a foreign main proceeding – dated March 18, 2020
    • Motion for entry of an order scheduling a hearing on Chapter 15 petition for recognition and relatd relief and specifying form and manner of service of notice – dated March 18, 2020
    • Motion of the Receiver as authorized Foreign Representative for joint administration of Chapter 15 cases and related relief – dated March 18, 2020
    • Motion of the Foreign Representative for entry of of an order granting provisional relief pursuant to sections 105 (a) and 1519 of the Bankruptcy Code – dated March 18, 2020
    • Motion shortening notice period for emergency hearings on motions of Foreign Representative of (I) entry of an order grantng provisonal relief pursuant to sections 105(a) and 1519 of the Bankruptcy Code, (II) joint administration of Chapter 15 cases and related relief and (III) entry of an order scheduling a hearing on Chapter 15 petition for recognition and relatd relief and specifying form and manner of service – dated March 18, 2020
    • Corporate Ownership Statement pursuant to bankrupty rules 1007 (a)(4) and 7001.1 and local rule 1007-3
    • Disclosure pursuant to rule 1007 (a)(4) of the federall rules of bankruptcy procedure
  • court orders 
    • Order granting motion of Foreign Representative for entry of an order recognizing an order of the Canadian Court and granting related relief  – November 5, 2020
    • Order recognizing foreign main proceeding and related relief – dated April 23, 2020
    • Order Granting Provisional Relief pursuant to Sections 105(a) and 1519 of the Bankruptcy code – (dated March 26, 2020)
    • Order directing joint administration of Chapter 15 cases and granting related relief – dated March 20, 2020
    • Order scheduling hearing on Chapter 15 petition and related relief and specifying form and manner of service of notice – dated March 20, 2020
    • Order shortening notice period for emergency hearings on motions of Foreign Representative of (I) entry of an order grantng provisonal relief pursuant to sections 105(a) and 1519 of the Bankruptcy Code, (II) joint administration of Chapter 15 cases and related relief and (III) entry of an order scheduling a hearing on Chapter 15 petition for recognition and relatd relief and specifying form and manner of service – dated March 20, 2020
  • petitions
    • Verified Petition under Chapter 15 for recognition of a foreign main proceeding and related relief – dated March 18, 2020
    • Nygard Properties Ltd. Petition – dated March 18, 2020
    • Nygard NY Retail, LLC Petition – daed March 18, 2020
    • Nygard International Partnership Petition – dated March 18, 2020
    • Nygard Inc. Petition – dated March 18, 2020
    • Nygard Holdings (USA) Petition- dated March 18, 2020
    • Nygard Enterprises Ltd. Petition – dated March 18, 2020
    • Fashion Ventures Inc. Petition – dated March 18, 2020
    • 4093887 Canada Ltd. Petition – dated March 18, 2020
    • 4093879 Canada Ltd. Petition – dated March 18, 2020