Our experienced team handles complex restructuring, bankruptcy, insolvency and creditors’ rights matters, regularly working to improve our clients’ financial and collateral positions.
We advise on all types of insolvency and restructuring matters, including debt collection, privately appointed receiverships and court appointed receiverships to proceedings under the Bankruptcy and Insolvency (BIA) and Companies’ Creditors Arrangement (CCAA) Acts.
To avoid bankruptcy, we often assist and advise debtors (including corporations, partnerships and individuals) regarding their “restructuring” or “reorganization” options under the proposal provisions of the BIA and the CCAA and other applicable statutes of Ontario and Canada. We have also acted for Proposal Trustees, Receivers and Monitors under various applicable Provincial and Federal legislation. In particular, we have advised the following:
Our experience allows us to represent the interests of various stakeholders in restructuring and insolvency situations and we regularly offer restructuring and insolvency advice in industries such as retail, automotive, health care, transportation, railway, airline, general manufacturing, communications, mining, travel and insurance.
We regularly act for banks, other financial institutions and creditors in the collection of debts and enforcement of security. In particular, we are often engaged to realize on assets under debt instruments and through the use of the following legislation:
We are involved in every facet of bankruptcy law. Our practice includes acting for trustees in bankruptcy, debtors and creditors. We routinely provide the following services:
Whether representing the creditor or the debtor, the situation is often urgent and requires timely action. The creditor may need to take immediate enforcement steps against the debtor to collect an outstanding debt whereas the debtor may have to counter those steps by quick action. We have acted on both sides of such conflicts. In particular, we regularly represent the following:
When restructuring under the BIA or CCAA or in receiverships, a debtor will often require interim financing. As a result of the last round of bankruptcy reforms, there are now statutory provisions under the BIA and CCAA allowing for DIP financing and DIP charges to be obtained by the debtor during the course of any such proceedings. In this regard, we have acted for the following:
The purchase or sale of assets in insolvency situations poses some unique challenges to parties involved. We have a broad range of experience to meet these challenges, including: