Debtor/Creditor

We deal with matters in a variety of realization practice matters including:

  • Enforcement of creditors’ claims,
  • Realization on secured claims, and
  • Acting for receivers and trustees in bankruptcy.

Debt Enforcement

Our lawyers are experienced in acting for creditors. If you are an unsecured creditor, it is usually to your advantage to be the first creditor to take judgment and try to obtain payment from the debtor. We can seek judgement and take the necessary steps to execute against the debtor’s income, bank accounts, goods and property.

Security Enforcement

If you are a secured creditor, you may want to enter into an agreement with your debtor whereby you get additional reporting from him or her or from a third party who will monitor that business’ affairs. We have experience in drafting Forbearance Agreements and monitoring agreements.

Receiverships

As a secured creditor, you will have to weigh the expenses associated with acting on your security either directly or indirectly through an agent, or by way of the appointment of a Receiver or a Receiver Manager by way of Instrument Appointment or Court Appointment. We have the experience to help you make the correct decision on which route is the best for you legally, and to help you in selecting the Trustee or Receiver most suited to your needs.

We have the experienced counsel that a Trustee and Receiver needs to ensure it recognizes its duties and obligations and who can assist in the enforcement of their rights, and documenting and completing all applicable sales transactions.