Bankruptcy and Insolvency Services

Hamilton Duncan’s skilled and experienced bankruptcy, insolvency and restructuring lawyers are here to help both:

  • Businesses that are facing difficult times and are experiencing overwhelming debt and an inability to pay creditors; and
  • Businesses that are dealing with another party – such as a customer, supplier, landlord or tenant – that is involved in bankruptcy or restructuring proceedings or is otherwise insolvent.


Where your own business is facing hardship, trying to figure out the next step can seem like an overwhelming challenge. In some cases, the best move may be one in which the business is wound-up in an orderly manner that addresses its debts to the extent possible and minimizes the risks of personal liability for the directors and owners. In others, there may be options for the business restructure its debts and carry on as a going concern. At Hamilton Duncan, we take the time to understand the nature of the difficulties facing your business and review with you all the available options so that you can decide on the best possible course of action. Since many of the potential solutions are technical and may involve court proceedings, our lawyers also help you navigate through the chosen process and advocate for you in court when required.

A business that is dealing with another party that is insolvent can often be equally complicated. Bankruptcy and restructuring laws are complex and technical, frequently involve court proceedings and may mandate that creditors, suppliers or customers continue to deal with the insolvent party during a restructuring. Hamilton Duncan’s lawyers can help you understand the intricacies of these various processes, advise you as to your rights and obligations, help you try to collect amounts you are owed or to minimize your losses and represent your interests in court.

Areas in which Hamilton Duncan’s lawyers are experienced include:

  • Advising businesses experiencing financial distress or hardship
  • Negotiating with creditors, including instalment or other forbearance agreements
  • Advising as to the enforceability of personal guarantees or security agreements
  • Defending litigation by creditors and prosecuting litigation against debtors
  • Negotiations with debtors, tenants and others in insolvent circumstances
  • Investigating and advising on options to refinance business debt
  • Advising on business closure or other winding-up
  • Bankruptcies and proposals under the Bankruptcy and Insolvency Act
  • Restructuring proceedings under the Companies Creditors Arrangements Act


If your business is struggling, or is dealing with someone else who is, contact one of our experienced and knowledgeable bankruptcy and insolvency lawyers today.

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