Harper Grey lawyers advise and represent banks, financial institutions, receivers, liquidators and trustees.
This includes assisting financial institutions with foreclosure and collection, as well as commercial litigation, fraud cases, misrepresentation and estate matters.
We also help businesses owners who are facing bankruptcy or who are in disputes with debtors and creditors.
Salman Bhura, 604 895 2801
Banking & Insolvency Disputes
How We Can Help
Banking and creditor disputes require knowledgeable lawyers who apply creative, cost-effective solutions to quickly reduce risk. The faster these situations are dealt with, the more money is recovered.
Our team of experienced lawyers, paralegals and collection agents is cross-trained in related areas of law to provide a broad range of client services.
- Bankruptcy-related services including work with trustees, receivers and creditors.
- Companies' Creditor Arrangement Act proceedings.
- Collection of secured and unsecured debt stemming from credit card, loan, mortgage and other debt.
- Debt restructuring.
- Defence of debt and guarantee claims.
- Foreclosures - commercial and residential.
- Representation in insolvency proceedings and the recovery of assets from insolvent companies.
- Lease defaults - property and equipment lease issues and renegotiations.
- Proposals pursuant to the Bankruptcy and Insolvency Act.
- Property-related issues including commercial and residential real estate development receiverships.
- Advice on tax issues, including statutory liability for unpaid income tax, source deductions, provincial sales tax, goods and services tax and wages.
Typical situations that call for banking and insolvency litigation services
- A credit card company needs to find a cost-effective way to outsource debt collection work.
- A bank has a complicated loan payment dispute with two businesses held by the same owners. Both businesses go bankrupt, leaving their bank to recover the debt.
- A corporation enters into Companies' Creditors Arrangement Act proceedings and it needs to pay creditors and protect itself from litigation.
Benchmark Canada 2016 Commentary: “Harper Grey has niches, and in those niches they are the best of the best. They dominate in medical practice, insurance, and product liability, and even have some more specialties like bankruptcy, aviation, defamation, securities, and environmental.”
- Represented a debtor company in the BC Court of Appeal after a lower court rejected the debtor's proposal to creditors. This is a landmark case that confirmed that an appeal of a trustee's valuation of a claim is a true appeal, and not a trial de novo.
- Acted in the BC Supreme Court for an insolvent construction company seeking to have its proposal to creditors approved, and to avoid personal liability for its directors and officers. This is a landmark case that determined the types of claims against directors and officers that can be compromised through the proposal process.
- Acted in the BC Court of Appeal for a personal debtor facing fraudulent conveyance allegations. This case remains a leading authority on the interpretation of s.38 of the Bankruptcy and Insolvency Act.
Companies' Creditors Arrangement Act proceedings
- Represented creditors in Companies' Creditor Arrangement Act proceedings with respect to Westar Mining Ltd., Woodward Stores Ltd., 360 Networks Inc., Doman Industries Ltd., Skeena Cellulose Inc., Pope & Talbot Ltd., and Bear Mountain Master Partnership.
- Currently representing law and other professional firms in CCAA proceedings.
- Currently acting for major banks, financial institutions and other creditors in foreclosures of commercial and residential properties. Harper Grey has represented banks in this type of work for more than 30 years, applying creative, quick and effective counsel.