Kenneth L. Kallish

Minden Gross LLP, Toronto, CANADA

Ken is currently the Chair of Meritas, having previously served the organization as Chair of the Creditors Rights and Bankruptcy Section for one year, as a member of the Board of Directors for 3 years, as a Vice Chair and Chair of the Member Relations Committee for 2 years, and as Chair Elect for one year.

Ken is Chair of the firm's Corporate/Commercial Group and a member of its Insolvency Group. His practice focuses primarily in the areas of banking and insolvency law, debtor/creditor rights, financial reorganization and restructuring, secured financing transactions, Personal Property Security Act matters and resolution of commercial disputes. His clients include many of the stakeholders affected by or involved in formal and informal insolvency proceedings and financial restructuring, including lenders, debtors, suppliers and other trade creditors, landlords, property managers, trustees in bankruptcy, and private and court-appointed receivers, interim receivers and monitors. Ken also has experience in cross border insolvency proceedings commenced under the Companies' Creditors Arrangement Act and/or Chapter 11 of the United States Bankruptcy Code.

Ken has particular expertise in advising special loans departments of lending institutions. Specifically, Ken designs and negotiates refinancing and restructuring agreements including forbearance arrangements for businesses experiencing financial difficulties.

Ken has acted for debtors, creditors and other stakeholders in the retail (particularly clothing and jewellery) industries, as well as the golf, automobile, nursery, travel, construction, manufacturing and high-tech industries. Ken also has expertise in complex financings involving various industries, including those involved in the sports club and consumer-intensive industries.

Ken has authored various papers on insolvency and financial restructuring matters. He is a frequent lecturer at professional institute, legal association and banking and business community programs.

Law School: University of Ottawa (graduated Cum Laude)
Year of Call: 1983
Year Joined the Firm: 1983

Affiliations:
Canadian Bar Association (Former Member, Executive Committee of the Insolvency Section and past Program Co-ordinator)
Law Society of Upper Canada (former instructor of Bar Admissions Course (Business Law))
INSOL International
International Bar Association
Canadian Management Turnaround Association

Articles/Publications:

• "A Behavioural Science and Legal Analysis of Access to the Child in the Post-Separation/Divorce Family", 1981, 13 Ottawa Law Review 215
• "Current Controversies Concerning Condonation", 1980, 3 Family Law Review 157
• "The Welfare of the Best Interest of the Child: Substantive Criteria to be Applied in Custody Dispositions Made Pursuant to the Divorce Act", Payne's Digest on Divorce Canada, 83-1201
• "Purchase of Assets from a Receiver and Manager" - presented to the Canadian Bar Association, September 1988
• "Environmental Law and Lender Realization: A Toxic Dilemma" - presented to the Canadian Bar Association, 1991
• "Enhancing the Rights of Unpaid Vendors: Improving Their Prospects of Getting Paid" - presented to the Canadian Bar Association, November 1994
• "Golf Course Restructuring: A Business and Legal Perspective", Commercial Insolvency Reporter, Vol. 8, No. 6, August 1996 (Co-Authored)