Insolvency & Bankruptcy

When a business experiences financial hardship, it may lead to a liquidation, receivership, and/or winding up of its affairs. In many cases, a restructuring is the best course of action to preserve the company’s value as a going concern. In contrast, from a creditor’s perspective the best course of action will often be to wind up the business and maximize the return for creditors.

Perley-Robertson, Hill & McDougall has extensive experience in insolvency and restructuring law, including proceedings under the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act, as well as receiverships.

An insolvency or restructuring can impact the rights and obligations of a wide range of stakeholders. As a full practice firm, we act for various parties, including: debtors, creditors, trustees, receivers, financial institutions, suppliers, landlords and tenants, employers and employees, spouses, directors, officers, and shareholders.

Taking a strategic and cost-effective approach, our expert team of lawyers provides services in the following areas:

• Bankruptcy and liquidation
• Proposals under the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act
• Private, court-ordered, and forensic receiverships
• Cross-border and multi-jurisdictional insolvency proceedings
• Applications for debtor-in-possession financing
• Enforcement of security and seizure of assets
• Asset management and protection
• Priority disputes among creditors
• Competing claims over trust funds
• Fraudulent conveyances, sales at undervalue, and unjust preferences
• Directors’ liability and insurance coverage
• Motions for injunctive relief and freezing orders
• Construction liens and claims involving insolvent owners or contractors
• Employers’ rights and obligations
• Family law claims for equalization, support, or constructive trusts

With the recent outbreak of COVID-19, these issues have become imminent for many, as they react to an unprecedented legal and economic environment. Our legal team is available to assist individuals and companies navigate these uncharted waters.