Restructuring businesses in distress. That’s what we mean by a different kind of practice.
BCF offers an experienced team of professionals dedicated to assisting companies facing insolvency or the possibility of restructuring. We represent the interests of the various stakeholders involved in the restructuring process, including distressed businesses, trustees and receivers, lenders, creditors and suppliers. Whatever the situation, our restructuring team will help you overcome hurdles and ensure that your rights are protected.
Formal or Informal Reorganizations
Our insolvency professionals know the intricacies of this field and can effectively identify the best strategy for any given situation. Whether the circumstances call for an informally negotiated solution between the insolvent business and its creditors or, in the case of a crisis, require immediate recourse to the law and the courts, we will help you navigate these troubled waters.
Procedures and Recourse Under the Insolvency Legislation
The legal procedures surrounding insolvency hold no surprises for our seasoned experts, who have appeared before courts of all levels in matters involving bankruptcy and restructuring, from the Superior Court to the Supreme Court of Canada.
Financing and taking of security in Insolvency Matters (DIP)
Insolvent companies sometimes lack the liquidity required to overcome difficult periods. Obtaining a loan and granting security in such a context is a delicate matter and our team can propose customized solutions, from forbearance agreements to the granting of first-ranking interim financing (DIP financing) under insolvency legislation.
Enforcement of Security
We represent creditors in the enforcement of their movable and immovable security (i.e. personal and real security), whether in the form of guarantees (i.e. suretyship), hypothecs, security under the Bank Act, instalment sales, sales with a right of redemption, leasing or long-term leases or security trusts.
Plans of Arrangement Under Corporate Laws
Businesses in distress will not only want to reorganize their debt but will sometimes also want to take advantage of the situation to restructure their share capital and shareholder relations. Some public companies will also want to take advantage of the circumstances to go private. We will team up with you to effectively carry out any such restructuring and have the expertise to present viable plans of arrangement under corporate laws, while applying insolvency procedures as required.
Today’s businesses know no borders, and our team has the expertise and the contacts to support them wherever they go, as well as their creditors and other partners. Whether by recognizing foreign procedures in Canada, by representing foreign or domestic creditors as part of Canadian procedures or even by assisting insolvent companies in their local procedures and aligning them with foreign procedures, we are available to serve you.
Mergers and Acquisitions in an Insolvency Context
Many mergers and acquisitions involve an insolvent business, therefore requiring certain precautions to be taken. Our experts know all the ins and outs and can support you in your strategic choices, from the need to obtain a credible valuation (of the business or its assets) to the court’s approval of the sale or merger and the necessary adjustments for the creditors and their security.
Insolvency in a Farming Context
Farm businesses benefit from certain specific protection, particularly under the Farm Debt Mediation Act. Restructuring requires particular and swift action and we can help both farm operators and creditors to overcome difficult periods.
Legal Counsel to Creditors, Debtors and Insolvency Professionals
Our team has the full range of expertise necessary to effectively serve creditors and debtors as well as insolvency professionals. Whether you are a financial institution, a private or a public fund, a private or a public company, a trustee in bankruptcy, a controller or a chief restructuring officer, we are here to help you.