Bankruptcy and Insolvency Services

All too often, difficult circumstances – such as job loss, illness, divorce or business failure – can leave individuals in a situation where they are simply unable to make ends meet and are facing crippling debt. Hamilton Duncan’s experienced bankruptcy and insolvency lawyers understand how difficult it is to dig out of financial hardship, but we are here to help you turn the pieces of an unfortunate situation into the building blocks of a new, bright future. You may be facing pressure from creditors, a bankruptcy application or just the realization that debt is unmanageable. We are not here to judge you, only to try to help you turn things around.

It is important to remember that bankruptcy is not the only option for those facing financial challenges. We give advice on all alternatives and tailor the possible solutions to every client’s financial circumstances.

The lawyers at Hamilton Duncan have the experience and skills to help clients with a wide range of issues including but not limited to contested bankruptcy hearings, priority disputes, reviewable transactions, claim disallowances and contested discharges.

We offer a range of services in this area, including:

  • Providing advice on the insolvency process, including advising on whether bankruptcy is an option, the challenges and risks associated with bankruptcy, and whether any other options, such as proposals, might avoid a bankruptcy
  • Opposing bankruptcy applications by creditors
  • Negotiating with creditors (such as collection agencies, student loan authorities, Canada Revenue Agency, banks and others) or their lawyers, including instalment payment or forbearance agreements
  • Defending fraudulent preference claims
  • Representing bankrupts on contested and uncontested discharge applications
  • Student loan hardship applications
  • Advising on debt restructuring
  • Defending debt claims, claims for the enforcement of personal guarantees or security agreements and claims involving priority disputes between creditors
  • Negotiating and advising tenants on lease defaults
  • Advising and representing debtors in proceedings regarding the enforcement of judgments, including garnishing orders, subpoenas to debtor, examinations in aid of execution and the seizure or forced sale of personal property or land
  • Applications for stays of execution


Our lawyers at Hamilton Duncan can support and guide you out of financial distress and into solutions that fit your financial goals. Feel free to reach out and talk to one of our bankruptcy and insolvency lawyers today.

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