Bankruptcy, Insolvency And Enforcement Litigation

Rochon Genova represents both secured and unsecured creditors in business bankruptcy and corporate insolvency proceedings.

We will protect your interests, negotiating to resolve priorities between competing claimants, obtaining injunctive relief if necessary, and defending your interests in court if negotiation does not bring a satisfactory resolution for you.

Our lawyers are familiar with all aspects of financial restructuring and remedies under insolvency legislation. Our cases include issues of:

  • Preferential transfers to creditors
  • Wrongful trading and fraud
  • Judicial foreclosures
  • Arbitration award enforcement
  • Lender liability
  • Successor liability
  • Director, officer and fiduciary liability
  • Enforcement of security agreements

Experience And Results

Our Toronto bankruptcy lawyers have proven experience with a number of landmark cases. We have appeared before all levels of the Ontario court and have an established record of success in a broad range of cases. Major cases include:

  • Lac-Mégantic: We participated in proceedings under the Companies Creditor's Arrangement Act, under the supervision of a Quebec judge.
  • Nortel insolvency proceedings: Our lawyers acted for a group of disabled employees (who would have ranked as equal to ordinary unsecured creditors), in a case in which the Ontario Superior Court of Justice rejected a proposed settlement in which the disabled employees would have had to agree to not sue parties involved in the management and funding of Nortel's pension and health welfare funds.
  • Canadian asset-backed commercial paper market: Our firm acted on behalf of an institutional note holder during the August 2007 liquidity crisis.
  • Bankruptcy of a Canadian alternative fuel technology company: We represented the secured lender in the interim receivership.

Contact Rochon Genova LLP

If you are a creditor to a corporation or business that is considering a CCAA or insolvency or insolvent, you may not have to accept a substantial loss in order to retrieve your funds. Call Rochon Genova at 416-548-9874 or send us an email to set up a free consultation. Let us hear your story and see if we can find you a better resolution.

We serve creditors in the Greater Toronto Area and throughout Ontario and Canada.