Depth of Experience

REALIZATION AND INSOLVENCY

McMillan Dubo Law Group is experienced at:

• Advising on residential and commercial mortgage enforcement (foreclosure) proceedings, including working with realtors, appraisers and property managers.
• Advising on personal property security realization matters, including leasing matters, and working with bailiffs, equipment appraisers and auctioneers.
• Issuing demands and statutory notices, for example notices under the Bankruptcy and Insolvency Act and Farm Debt Mediation Act.
• Acting for clients in unsecured debt recovery matters, including obtaining judgment and assessing available assets for recovery, working with bailiffs for judgment enforcement, pursuing recovery through Court Order Enforcement Act proceedings against land, garnishment, examinations in aid of execution, liaising with counsel in other jurisdictions for enforcement outside of B.C. (and vice versa), and other enforcement remedies.
• Negotiating resolutions of disputes and drafting various agreements including forbearance agreements, settlement agreements and assignments.
• Advising clients on the enforceability of security, including advice with respect to strengthening a client’s security position and making recommendations regarding recovery strategy.
• Advising clients on issues regarding priorities amongst creditors and under provincial and federal legislation.
• Acting for clients in relation to all aspects of receiverships, including acting for receivers.
• Advising clients in relation to proceedings under the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act.
• Appearing in all levels of Court in British Columbia.
• Advising clients on a wide range of legal issues arising in the insolvency context including contingent claims, trust claims, Crown claims, employee claims, director and officer liabilities.
• Conducting commercial litigation including breach of contract claims, asset recovery claims, constructive trusts and other claims in equity, as well as fraudulent transfers and other reviewable transactions.
• Conducting litigation involving fraud (kiting) against financial institutions.