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Practices

Insolvency Law & Distressed Investments

Fasken

Financial crises involve many stakeholders and moving parts. You need a legal team that knows and can guide you through the landscape in the most effective possible manner.

Whether we’re helping our clients restructure their debt or share capital, sell assets or address future risks, we keep the lines of communication open and bring creativity to problem solving.

Our lawyers have been involved in all types of restructuring and insolvency proceedings in Canada and have extensive experience in cross-border restructurings, including under Chapter 11 and Chapter 15 of the United States Bankruptcy Code. We have comparable expertise throughout the U.K. and Africa.

Our clients include debtors, lenders, and accounting and advisory firms, acting as court-appointed monitors, receivers and information officers in insolvency proceedings. We also regularly advise purchasers, investors, lenders and others in transactions with insolvent debtors.

As proceedings advance, it’s important to consider all angles. We collaborate with colleagues across areas of practice, including in our tax, banking, labour and employment, pensions, mergers and acquisitions and securities groups to address present and future risk. We have deep contacts in the industry, which we draw upon regularly to benefit our clients.

Insolvency and Restructuring Litigation

Where matters become contentious, our team is ready to litigate. We are regularly involved in leading court cases and have appeared on many of the most frequently cited cases in insolvency law.

Our team can advise and act on every aspect of insolvency-related litigation, including complex debtor restructurings, priority disputes between creditors, disputed claims of lien, set-off and constructive trust, applications for interim financing, and sale approval applications.

Distressed Investments

Our distressed investing team has acted for domestic and foreign companies and firms in relation to practically every kind of distressed investment, including distressed mergers and acquisitions, interim financing, bank take-out financing, exit financing, and tax loss utilization transactions.

Read about our client experience and review the expertise we’ve shared in our publications and presentations. If you want to connect with us, contact any of our lawyers to discuss how we can help.

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