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Restore Capital Asks Court to Stop Ruby Liu Lease Purchase and Boost Monitor’s Authority

Depleted first-lien security has led Restore Capital to seek expanded monitor authority or appointment of Richter Consulting as receiver under the CCAA.

Overview

  • Restore Capital filed a motion on July 8 in Ontario Superior Court to halt the sale of up to 25 Hudson’s Bay leases to investor Ruby Liu.
  • It contends landlord refusals and escalating rent and professional fees have eroded the lender’s collateral without securing required approvals.
  • Hudson’s Bay entered CCAA protection in March with Alvarez & Marsal as monitor and first-lien lenders extending a $151 million term loan in December.
  • Restore Capital is urging the court to grant broader powers to the current monitor or to appoint Richter Consulting Inc. as receiver to expedite liquidation.
  • Ruby Liu completed a $6 million purchase of three B.C. leases last month but has faced widespread landlord opposition for the remaining Alberta, B.C. and Ontario sites.