Insolvency and restructuring files are often complex and involve multiple jurisdictions. Fasken Martineau’s Insolvency & Restructuring group provides legally driven commercial and practical solutions to formal restructurings and informal workouts. Our team of more than 40 insolvency and restructuring practitioners worldwide offers expertise with proceedings under Canada’s Companies’ Creditors Arrangement Act, Canada Business Corporations Act, Bankruptcy and Insolvency Act, and Winding Up and Restructuring Act. We offer similar assistance with respect to insolvency and restructuring procedures provided under English law through our London (UK) office.

We also draw on the expertise of our colleagues in litigation, banking, securities, tax, M&A, pensions, labour and employment, and regulatory law to deliver comprehensive and fully integrated solutions.

International ranking organizations consistently rate our team as leaders in insolvency and restructuring law. We promote excellence and education in the field of insolvency through our affiliations with the American Bankruptcy Institute, Canadian Association of Insolvency & Restructuring Professionals, INSOL International, Insolvency Institute of Canada, International Women’s Insolvency & Restructuring Confederation, Turnaround Management Association and other organizations.

Our Clients

We advise on all types of insolvency and restructuring proceedings and transactions, including advising debtors, secured and unsecured creditors, DIP lenders, suppliers, boards of directors, director and officer (D&O) insurers, purchasers, and Chapter 11 creditors’ committees. Our clients also include international banks, bondholders, other pre- and post-filing strategic investors, private-equity and investment funds, insurers and public bodies. Major accounting and advisory firms seek our counsel in their role as receivers, interim receivers, monitors, information officers in cross-border proceedings, and bankruptcy trustees.

Our Expertise

  • Cross-border insolvency filings
  • Canadian commercial restructuring proceedings under applicable laws
  • Receiverships and interim receiverships
  • Complex bankruptcies
  • Insolvency divestitures and asset acquisitions
  • Distressed mergers and acquisitions
  • Debtor-in-possession financing
  • Priority disputes
  • Fraudulent preferences/conveyances and transfers undervalue
  • Liquidation proceedings
  • Tax loss utilization transactions
  • Realization on secured assets
  • “Loan to own” strategies and execution
  • Credit amendments, structuring
  • Forbearances
  • Board fiduciary duties – Directors’ Disputes