Bankruptcy, Insolvency and Restructurings
We have extensive experience in every aspect of bankruptcy, insolvency & restructuring and our lawyers are broadly recognized as leaders in this continuously evolving and dynamic area of law.
In addition to successfully representing distressed businesses and insolvent companies across all types of business sectors in their insolvency restructurings, we regularly act for major banks, financial institutions, trustees, monitors, receivers, interim receivers, suppliers, lienholders, and every category of creditor both secured and unsecured. We also represent parties in commercial transactions arising from insolvencies and restructurings, including liquidators and auctioneers, purchasers of assets and providers of debtor in possession financing.
We are advocates and trusted business advisors; our focus is understanding the real-time needs and goals of our clients and in achieving practical and creative solutions. As a boutique, and given the breadth of our experience, we are able to provide unparalleled, individualized attention to our clients of all sizes in a cost effective manner.
We have been involved in all kinds of major and complex insolvency-related litigation matters, including those under the Bankruptcy & Insolvency Act and the Companies’ Creditors Arrangement Act. Our insolvency experience extends to acting in major cross-border and foreign insolvency files. Examples of some recent matters in which we have been involved include representing the U.S. Chapter 11 Trustee for all matters in Canada in the insolvency restructuring of Montréal, Maine & Atlantic Canada Co., representing the U.S. Bankruptcy/Trustee in the cross-border bankruptcy proceedings relating to Bernard Madoff, and representing a major Canadian retailer in closing down its Spanish retail chain through insolvency proceedings in Spain.
Through extensive publishing, lecturing, including to lawyers and accountants, and membership in various professional organizations, including the exclusive Canadian Insolvency Institute, Canadian Insolvency Foundation, American Bankruptcy Institute, INSOL International and The Turnaround Management Association, our attorneys remain at the forefront of the key issues in this highly specialized and complex area of law.
Expertise
Insolvency and Restructurings
With decades of experience restructuring businesses of all sizes operating in all types of industry, we have the practical understanding and know-how to provide creative, solution-oriented advice and to resolve the myriad of issues that face insolvent businesses.
We have extensive experience acting in a wide variety of corporate insolvency restructuring scenarios and applying restructuring tools to facilitate a successful emergence, including asset sales, debtor-in-possession financing, exit financing, and the development and implementation of proposals and plans of arrangement.
Insolvency Filings and Litigation
We are regularly involved in major and complex litigation matters resulting from and surrounding insolvency filings and have represented and counselled secured and unsecured creditors, trustees, monitors and other court-appointed officers.
Cross-Border Insolvencies
Recognizing that globalization has led to a dramatic increase in cross-border insolvency filings, we have developed significant experience in this area, both in providing local representation in foreign insolvency files, as well as working with counsel in other jurisdictions to ensure that our clients obtain the full benefit of the rights available to them.
Enforcement of Creditors’ Rights
We are regularly called upon by banks and financial institutions, property owners, leasing companies and trade creditors in order to protect and enforce their rights in an insolvency context, including applying for bankruptcy orders, setting aside fraudulent conveyances, appointing receivers, filing possessory actions, and liquidations and sale processes.