Bankruptcy

Even the best entrepreneurs might have been or might be in the future on the brink of bankruptcy. It is neither a shame nor a mark of incompetence. It is simply a risk inherent in doing business. For that very reason, lawmakers designed the insolvency rules, so that the entrepreneurial spirit could be preserved and promoted. Indeed, the bankruptcy system enables debtors to be freed from their debts - but also from their assets – so that they can make a new start

When that possibility looms, business managers may be tempted to shelter a maximum of assets in order to improve their chances of a successful fresh start. In doing so, they could also be accused of acting in fraud of creditors in the bankruptcy.

Our interdisciplinary approach provides you with options to help you avoid the pitfalls of bankruptcy. We will accompany you every step of the way to help you rise again.

In this practice area, our team meets your needs in several ways, including:

• Advice to redress situations of insolvency;
• Guidance to carry out a voluntary assignment of assets;
• Negotiation with hostile creditors, such as those looking for a receivership;
• Negotiation of settlement agreements with the investigators of the Office of the Superintendent of Bankruptcy;
• Negotiation of settlement agreements with the federal Crown attorneys;
• Representation in court in the event of prosecution for fraudulent bankruptcies;
• Representation in court in the event of prosecution for breach of obligations under the Bankruptcy and Insolvency Act, such as the obligation for the bankrupt to declare his/her property to the trustee or attend an examination before the Official Receiver.