Jeremy Cuttler
Partner
Jeremy is a partner practicing in bankruptcy, insolvency and restructuring, banking and secured lending, commercial transactions and related litigation.
His practice covers virtually all aspects of insolvency and restructuring, including proceedings under the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act, receiverships, bankruptcies, proposals, security enforcement, asset sales, refinancing transactions, exit financing and informal workouts. He regularly acts for court-appointed officers, including monitors, trustees and receivers, as well as secured lenders, suppliers, purchasers and other significant stakeholders in insolvency and restructuring proceedings.
In cross-border matters, Jeremy regularly acts for U.S. trustees, foreign representatives and other stakeholders in Canadian recognition proceedings and related insolvency matters. His experience includes acting as Canadian counsel in significant U.S.-Canada insolvency proceedings, including the Madoff liquidation and Montréal, Maine & Atlantic Canada Co.
His banking and commercial practice includes acting for one of Canada’s major chartered banks in insolvency, workout, lending and security enforcement matters. He also advises lenders and borrowers in connection with conventional and asset-based lending transactions, secured financing, refinancing, forbearance arrangements and related commercial transactions.
Jeremy is regularly called upon to provide courses, presentations and training sessions to accounting professionals and members of the legal profession on insolvency law and practice. He has also co-authored an article published in the Annual Review of Insolvency Law on the interaction between bankruptcy law and Québec family patrimony rights.
Known for his practical, business-focused and solution-oriented approach, Jeremy works closely with clients to assess legal and commercial risk, preserve value, protect rights and achieve efficient outcomes in time-sensitive and often complex situations.
Representative Matters
Jeremy’s representative mandates include significant Canadian and cross-border insolvency and restructuring proceedings, court-appointed officer mandates, secured creditor representations, distressed acquisitions and banking/workout matters, including:
ELNA Medical Group: Acted for the purchaser group that acquired significant assets and operations in the ELNA insolvency proceedings.
Valeo Pharma Inc.: Acted for Accord Financial Inc. in the CCAA restructuring proceedings of Valeo Pharma Inc., including matters involving interim financing, secured creditor rights and sale/restructuring issues.
Flora / 10542113 Canada Inc. and Flora I Limited Partnership: Acted for MNP Ltd., in its capacity as receiver, in receivership proceedings involving the Flora real estate development project.
Laura’s Shoppe / Magasin Laura: Acted in connection with the CCAA restructuring of Laura’s Shoppe / Magasin Laura, a significant Canadian retail restructuring that resulted in a plan of arrangement to creditors and the continuation of the business.
Montréal, Maine & Atlantic Canada Co.: Acted for Robert J. Keach, the U.S. Chapter 11 Trustee, in connection with the Canadian insolvency proceedings involving Montréal, Maine & Atlantic Canada Co., following the Lac-Mégantic rail disaster.
Bernard L. Madoff Investment Securities LLC: Acted as Canadian counsel to Irving H. Picard, the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with Canadian aspects of the Madoff bankruptcy/liquidation proceedings.
Banking, lending and workout mandates: Regularly acts for one of Canada’s major chartered banks in insolvency, workout, lending, security enforcement, receivership, bankruptcy and restructuring matters.
Community Involvement
Jeremy is a member of The Connexion Circle of the Montreal General Hospital Foundation. He is also involved in fundraising and awareness initiatives supporting trauma and orthopedic care at the Montreal General Hospital, following his own experience as a trauma patient.
Practice Areas
- Commercial Transactions
- Bankruptcy, Insolvency and Restructurings
Year of Call to the Bar: 2013
Education
- Université de Montréal, LL.B., 2012
Professional Affiliations
- Turnaround Management Association
- The Canadian Bar Association
- Young Bar Association of Montréal
- Lord Reading Law Society
- Marianopolis College Alumni Association