Best Lawyers for Insolvency and Financial Restructuring Law in Canada

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Practice Area Definition

Insolvency and Financial Restructuring Law Definition

The insolvency litigation practice offers an ideal mixture of transactional strength and litigation reinforcement arising in the context of business reorganizations and realization cases, whether bankruptcies or receiverships. The practice involves the representation of debtors and debtors in possession, secured and unsecured creditors, lenders and insolvency professionals in all types of commercial reorganization, and realization related litigation. In addition to traditional matters arising in Companies Creditor Arrangement Act or Bankruptcy and Insolvency Act proceedings, including initial filing applications, extension applications, bringing or defending lift stay motions, litigation of debtor-in-possession loans and collateral rights, and disputes relating to sales and confirmation of plans or proposals, negotiating and implementing plans or proposals, insolvency litigation lawyers routinely investigate and prosecute or defend director and officer liability actions, auditor, accountant, and other professional liability claims, preference avoidance actions, fraudulent transfer lawsuits, claims resolutions, and lender liability suits. Such litigation also regularly involves the defense of clients who have been sued for preferential or fraudulent transfers and representing landlords, lessors and licensors with respect to the assumption or rejection of commercial real property leases, personal property and equipment leases, and intellectual property license agreements, respectively.

In addition to traditional litigation services, insolvency litigation practices also provide advice in structuring strategic relationships, forbearance, and other agreements in advance of proceedings to maximize recoveries.
The insolvency litigation practice offers an ideal mixture of transactional strength and litigation reinforcement arising in the context of business reorganizations and realization cases, whether bankruptcies or receiverships. The practice involves the representation of debtors and debtors in possession, secured and unsecured creditors, lenders and insolvency professionals in all types of commercial reorganization, and realization related litigation. In addition to traditional matters arising in Companies Creditor Arrangement Act or Bankruptcy and Insolvency Act proceedings, including initial filing applications, extension applications, bringing or defending lift stay motions, litigation of debtor-in-possession loans and collateral rights, and disputes relating to sales and confirmation of plans or proposals, negotiating and implementing plans or proposals, insolvency litigation lawyers routinely investigate and prosecute or defend director and officer liability actions, auditor, accountant, and other professional liability claims, preference avoidance actions, fraudulent transfer lawsuits, claims resolutions, and lender liability suits. Such litigation also regularly involves the defense of clients who have been sued for preferential or fraudulent transfers and representing landlords, lessors and licensors with respect to the assumption or rejection of commercial real property leases, personal property and equipment leases, and intellectual property license agreements, respectively.

In addition to traditional litigation services, insolvency litigation practices also provide advice in structuring strategic relationships, forbearance, and other agreements in advance of proceedings to maximize recoveries.