Civil Litigation Lawyer Westbank - When a business enterprise experiences financial problems, among the most important things you can do is choose the correct group to help you navigate the process. Business restructurings, insolvencies and bankruptcies can be among the most difficult of experiences. Our Business Restructuring and Insolvency Group has a wealth of experience in order to help you handle these situations. Our lawyers are uniquely positioned to give representation and advice, leading to strategic, timely and effective solutions.
Our clients come from numerous different enterprises within businesses like automotive, biomedical, airline, communications, construction, entertainment, funeral, financial services, healthcare, insurance, manufacturing, marketing, technology, steel, mining, natural resources, real estate and retail. Our lawyers can help you with the difficulties of cross-border procedures administered under either the Canada Companies' Creditors Arrangement Act ("CCAA") or Chapter 11 of the United States Bankruptcy Code. We have extensive knowledge with domestic and multi-national business restructurings and reorganizations, whether court-supervised or informal. Insolvency and bankruptcy restructuring legislation within Canada and the U.S. have a similar debtor-in-possession focus; nonetheless, the laws of the two jurisdictions are different enough to need those involved in cross-border proceedings to be well-informed regarding both jurisdictions. In recent years our lawyers have advised intermediaries and stakeholders within many of the biggest insolvencies and restructurings under the CCAA, the Bankruptcy and Insolvency Act ("BIA") and the Winding-up and Restructuring Act.
Access to the required experts could be able to help tip the scales in your favour of results that are positive during business restructuring and insolvency. We are able to draw on the knowledge of our skilled members across our international firms in the numerous legal areas dealing with business reorganizations. Our firm has professionals in banking and securitization, mergers and acquisitions, labour and employment, public and private equity, intellectual property and real property, and governmental relations. In cases of insolvency requiring advocacy before trial and appellate courts, our group provides expert litigators.
Our services to a wide range of stakeholders consist of the following:
1. We help those financially challenged companies about the options and alternatives of restructuring, that comprises the creating and directing of formal restructuring procedures under the BIA and the CCAA.
2. We provide suggestion to boards of directors and independent/special committees of public and private corporations about businesses in financial distress.
3. In relation to insolvent business debtors, we advise in the context of cross-border restructuring procedures, to institutional and non-regulated lenders, members of and agents to operational, term, asset-based and second-lien lenders, distressed debt investors, lending syndicates, trust indenture trustees, bondholders, ad hoc and formal noteholders committees, and private equity and hedge fund investors.
4. In cases being administered under the U.S. Bankruptcy Code related to cross-border and Canadian restructuring proceedings, we advise the formal and ad-hoc creditors committees.
5. We advise secured creditors about the enforcement of their security, privately and through court-supervised processes and the protections of their interests and rights in insolvency proceedings.
6. We can help trustees through bankruptcy, liquidators, monitors, receivers, construction lien trustees, interim receivers and other court-appointed officers in CCAA proceedings. What's more, we can make proposals under the BIA, comprising receiverships and bankruptcies.
7. We advise equipment vendors and leasers, contracting third parties, suppliers, and commercial landlords in restructuring and insolvency proceedings and realizations and in relation to insolvent or defaulting debtors.
8. We can assist the purchasers who are distressed assets or businesses in cases administered under the CCAA and BIA, from the trustees, private or court-appointed receivers.
9. In insolvency procedures, we assist financial advisors, investment bankers, and other consultants.
10. We offer counsel on different litigation issues arising in the context of bankruptcy, insolvency and business restructuring cases.
11.We prosecute and defend litigating actions and preference actions for fraudulent conveyance of assets and obtaining urgent relief to preserve and protect assets from dissipation, like for instance injunctions, mareva injunctions, and anton pillar orders.
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