Creditor Rights Enforcement

Kugler Wechsler helps secured and unsecured creditors protect their rights, enforce remedies and maximize recovery in insolvency and restructuring matters.

Protecting Your Position When a Debtor Is in Default

When a debtor is insolvent or in default, delays and the wrong strategy can affect recovery. Whether you are a secured lender, trade creditor, supplier, landlord, leasing company or lienholder, we help you understand your rights and act strategically.

A Recovery Strategy Built for the Circumstances

Kugler Wechsler is regularly called upon by banks, financial institutions, property owners, leasing companies, suppliers and trade creditors to protect and enforce their rights. We assess security, priorities, remedies and risks, then help you implement the most effective strategy through negotiation or before the courts.

Our insolvency experience allows us to anticipate issues that arise in proceedings under the Bankruptcy and Insolvency Act (BIA), the Companies’ Creditors Arrangement Act (CCAA) and related legislation and protect and defend your position in an environment where stakeholder interests are often competing.

Our Services regarding Creditor Rights Enforcement:

  • Enforcing security and protecting secured creditor rights
  • Bankruptcy applications, receivership appointments and liquidation strategies
  • Claims analysis, proofs of claim and priority disputes
  • Fraudulent conveyance, reviewable transaction and related recovery claims
  • Representation in Bankruptcy and Insolvency Act, Companies’ Creditors Arrangement Act and court-supervised sale processes
  • Settlement negotiations and protection of recovery value

Our Areas of Practice with Respect to Creditor Rights Enforcement

  • Bankruptcy applications and receivership appointments
  • Proofs of claim and priority disputes
  • Recovery claims and challenged transactions
  • Representation in Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act proceedings
  • Sale processes, liquidation and distributions
  • Stakeholder negotiations and settlements