Our firm provides legal assistance with respect to litigation matters that touch upon insolvency, including:
- foreclosure and the foreclosure process
- fraudulent conveyances / fraudulent preferences and transfers undervalue
- debt collection
Fraudulent Conveyance and Preference Proceedings / Transfers Undervalue
Our firm assists debtors, third parties, bankruptcy trustees and receivers with respect to transfers of property that are viewed as being either a fraudulent conveyance/fraudulent preference or a transfer undervalue. Our services include defending or initiating such claims depending upon who we are asked to represent.
These types of proceedings will generally involve consideration of British Columbia’s Fraudulent Conveyance Act and Fraudulent Preference Act, and Canada’s Bankruptcy & Insolvency Act.
Our firm assists creditors who seek to collect debts by either negotiating new payment terms with a debtor or commencing legal proceedings to collect the debt. Any judgment for the debt is registered on the title to any property owned by the debtor and legal proceedings may be taken to force the sale of that property. Examinations of the debtor may be conducted to identify assets of the debtor and to determine the ability of the debtor to pay the judgment. Garnishment orders may be sought (before or after judgment).
Our firm assists debtors who are the subject of a debt collection matter. Our assistance includes negotiating terms for payment of some or all of the debt, challenging the validity or enforceability of the debt claim, or applying to set aside any garnishment order that may exist.