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Insolvency & Restructuring Practice Group

Insolvency & Restructuring
Practice

Practice Profile

Alexander Holburn Beaudin & Lang LLP’s Insolvency & Restructuring Practice applies a business oriented approach to effectively represent the interests of its clients in all aspects of the insolvency and restructuring processes.

Our clients include secured and unsecured creditors, debtors, suppliers, landlords, equipment lessors, insurers, trustees, receivers and others involved in the restructuring process. We also advise potential purchasers of businesses in distress. We recognize the importance of prompt action and creative solutions in this arena, and place a priority on delivering practical advice and responsive client service.

Our lawyers are a diverse group of legal practitioners with experience representing clients in a broad range of industries. We take a cross-disciplinary approach, working closely with other lawyers in the firm who bring specialized insight to each specific situation. For example, our Insolvency & Restructuring Practice Group has particular strength assisting in environmental issues, builders’ lien matters, unionized businesses, insurance related issues, and foreclosure proceedings.

Our Services

We provide assistance in all areas of insolvency and restructuring including:

  • Bankruptcy & Insolvency Act proposals
  • Companies’ Creditors Arrangement Act proceedings
  • Corporate workouts
  • Debtor in possession financing
  • Directors’ & Officers’ liability
  • Foreclosures
  • Collections
  • Forbearance agreements
  • Restructuring debt and security
  • Seizure and sale under the Personal Property Security Act
  • Priority disputes
  • Advising trustees and receivers
  • Bankruptcies
  • Receiverships

The services we offer include extensive value-added resources. We have a comprehensive library, research archive, and access to commercial online database services, managed by a senior law librarian and a senior research lawyer. We also use the latest technology in case management, electronic billing, and our team of computer technicians regularly assist with client/lawyer intranets.

Representative Matters

  • Represented large equipment lessor and landlord in the 360 Networks CCAA proceeding
  • Represented suppliers in the Domans and A&B Sound CCAA proceeding
  • Acted for ski hill operator in restructuring
  • Represented indemnitor in litigation involving an insolvent commercial tenant
  • Conducted enforcement proceedings on commercial properties with contamination and associated environmental issues
  • Obtained and imposed multiple injunctions freezing assets of fraudulent defendants
  • Defended receiver-manager from claims by a secured creditor
  • Obtained dismissal in the British Columbia Court of Appeal of a lower court ruling that interest charged on the amount of a letter of credit did not offend the criminal interest provisions of the Criminal Code (Canada)
  • Defended a claim of priority by the Minister of Finance for a lien for unpaid social services tax over an unregistered purchase money security interest
  • Protected a landlord’s right to a letter of credit in the bankruptcy of its tenant
  • Represented trustee and interim receiver during proposal and bankruptcy process
  • Advised prospective bidder on purchase of assets through the bankruptcy proposal process
  • Represented insurers and other claimants in pursuing claims that survive bankruptcy
  • Represented debtor of company under insolvency protection in action concerning entitlement to set-off
  • Represented insurers in relation to obligations to provide coverage during insolvency proceedings

Our insolvency lawyers are members of the Turnaround Management Association, Insolvency Discussion Group, Canadian Insolvency Foundation and the Insolvency section of the Canadian Bar Association. We are contributors to continuing education on insolvency issues and provide seminars and other information sessions to clients.