security enforcement  

 

Bankruptcies and restructurings are a fact of business life and timely strategic action is often critical to a successful outcome. Having the right advisory team in place early in the process can help enhance a creditor's recovery.

When a formal proceeding commences, even a first registered secured creditor may be surprised to discover that the security it holds ranks junior to certain claims of employees, pensioners and taxing authorities. Even more disconcerting, secured creditors often face obstacles that prevent or delay the enforcement of contractual and statutory rights and remedies.

McMillan's Restructuring and Insolvency Group has earned a reputation for helping clients enforce the full range of available rights and remedies including aggressively protecting the rights and interests of secured creditors in formal insolvency or bankruptcy proceedings, and actively engaging in negotiations to maximize recoveries.

McMillan knows how and when to seek assistance from the courts in order to obtain a positive resolution for our clients. We are able to draw on McMillan's deep experience in banking, corporate finance, financial services, tax and litigation to deliver a comprehensive approach to the most challenging of circumstances.

McMillan professionals help clients lead by:

  • Analyzing enforcement options, rights and remedies to optimize recoveries and minimize additional loss and risk
  • Advising on the exercise of contractual and statutory rights to realize on security and recover secured debts
  • Representing secured creditors when a borrower commences a restructuring proceeding
  • Assisting with cross-border litigation and enforcement
December 2016

Financial Services Bulletin

October 2016

Canadian Securities Law News (November 2016, Number 274)
Securities Bulletin and Cybersecurity Bulletin

December 2013

Securities Bulletin