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CANADIAN INSOLVENCY CASES: DECODING THE DETAILED TAXATION PROCESS FOR SUCCESSFUL COURT OFFICER FEES APPROVAL

Canadian insolvency: Introduction

As Canadian insolvency laws progress, so do the regulations surrounding the taxation of court officer fees. These fees often make up a considerable proportion of the expenses incurred during insolvency proceedings. It is absolutely essential for insolvency practitioners, legal professionals, and other parties involved in such cases to comprehend the critical factors that affect the taxation of court officer fees.

Knowing the taxation procedure for court officer fees in Canadian insolvency cases that are supervised by the court is significant for various reasons. The following points highlight some of the crucial aspects to consider:

  1. Promoting Transparency and Accountability: The taxation procedure guarantees transparency and accountability in the assessment of court officer fees. It encompasses an autonomous evaluation of the charges imposed by court-appointed officials, such as trustees, receivers, monitors, or liquidators. By comprehending this procedure, interested parties can ascertain that the fees are reasonable and justified.
  2. Safeguarding Stakeholder Interests: Insolvency proceedings encompass multiple stakeholders, including lenders, borrowers, and stockholders. The taxation process aids in safeguarding their interests by scrutinizing the fees imposed by court officers. It ensures that the charges align with the services rendered and prevents exorbitant or unwarranted levies.
  3. Fostering Confidence in the System: By establishing a robust taxation process, the court-supervised insolvency system in Canadian proceedings instills confidence among stakeholders. They can place their trust in the fact that the fees imposed by court officers undergo independent scrutiny and are not arbitrary. This bolsters the overall credibility and integrity of the Canadian insolvency process.
  4. Alleviating Financial Burdens: Insolvency proceedings can present financial hardships for both debtors and creditors alike. Familiarizing oneself with the taxation process enables stakeholders to identify any potential excessive fees and seek recourse if necessary. This helps mitigate additional financial burdens on parties already grappling with financial difficulties.
  5. Facilitating Efficient Resolution: The taxation of costs process fosters efficiency in resolving disputes pertaining to court officer fees. In the event of a disagreement over the charges imposed, a taxation hearing is conducted to settle the dispute. By grasping the intricacies of the process, stakeholders can navigate it adeptly, leading to a prompt resolution and averting unnecessary delays.

To provide a comprehensive overview, it is of utmost importance to grasp the intricacies of the taxation procedure pertaining to the fees charged by court officers in Canadian insolvency proceedings under court supervision. Such understanding not only ensures transparency but also safeguards stakeholder interests, fosters confidence in the system, mitigates financial burdens, and facilitates the efficient resolution of disputes related to fees.

In this Brandon’s Blog, I delve into the multifaceted aspects that shape the taxation of costs. Through this exploration, my aim is to offer valuable insights that will assist you in navigating this intricate domain. Come join us as we embark on an exploration of the nuanced intricacies of Canadian insolvency law and the myriad factors influencing the taxation of court officer fees.

Understanding The Role of Court Officers in Canadian Insolvency Cases

Definition and Role of Court Officers

Within the framework of a Canadian insolvency proceeding supervised by the court, a crucial role is fulfilled by the Licensed Insolvency Trustee (LIT). Acting as a court-designated official, the LIT plays an integral part in facilitating the management of the case and ensuring a fair and efficient process.

Endowed with accreditation from the Office of the Superintendent of Bankruptcy (OSB), LITs as insolvency professionals are highly skilled experts possessing extensive expertise and experience in the realm of bankruptcy and insolvency. They act as unbiased and autonomous professionals, tasked with overseeing the insolvency proceedings in compliance with legal norms and regulations.

As a court-appointed officer, the LIT’s responsibilities are multifaceted and encompass a wide array of duties. These may encompass:

  • When confronted with the financial circumstances of a debtor, it becomes imperative to adopt a comprehensive methodology. Licensed Insolvency Trustees (LITs) excel at appraising the debtor’s assets and ascertaining the optimal strategy for disbursing them among creditors. Through meticulous evaluation of the debtor’s fiscal position, LITs can contribute to guaranteeing a just and impartial allocation of assets to all relevant parties. With their proficiencies in debt and asset administration, LITs serve as invaluable for individuals confronted with financial problems.
  • Facilitating meetings of creditors: LITs organize and conduct meetings where creditors can voice their concerns, vote on important matters, and provide their consent or objections regarding the insolvency process.
  • Developing a proposal or managing bankruptcy proceedings: Depending on the type of insolvency proceeding (such as a consumer proposal or bankruptcy), LITs may assist debtors in developing a proposal to settle their debts or administer the bankruptcy process if the proposal is not viable.
  • Investigating the affairs of the debtor: LITs have the authority to investigate the debtor’s financial affairs, including examining their records, transactions, and conduct, to identify any fraudulent activities or preferences that may impact the distribution of assets.

The above is the case regardless of whether it is a personal insolvency administration or a corporate insolvency one.

canadian insolvency
canadian insolvency

Types of Court Officers in Canadian insolvency cases

In the course of Canadian insolvency proceedings, the court possesses the authority to carry out diverse designations involving a LIT to supervise and manage the operation. These designations hinge upon the nature of the insolvency instance and the particular circumstances. Here, I present the normal kinds of designations that a court could enact:

Bankruptcy Trustee

In scenarios of personal or corporate bankruptcy, the LIT acting as the trustee of the bankrupt estate is automatically an officer of the court. The trustee assumes the responsibility of administering the bankruptcy, handling the assets, and disbursing the proceeds to creditors in accordance with the Bankruptcy and Insolvency Act (Canada) (BIA).

Interim Receiver

In certain Canadian insolvency cases, the court may opt to appoint an interim receiver under the BIA, who will serve as a temporary custodian. The primary goal of an interim receiver is to safeguard and preserve the debtor’s assets during the insolvency process.

They are authorized to take control of the debtor’s property and make necessary arrangements to ensure its proper management and security. Typically, an interim receiver is appointed when:

  1. there is a risk of asset dissipation before the court hears an Application for Bankruptcy Order; or
  2. when the debtor intends to sell some or all of its operating assets during a Division I Proposal administration and requires court approval for the sale, with the LIT who is acting as Proposal Trustee also assisting in the sale.

Proposal Trustee

In cases where an insolvent debtor files a consumer proposal or a corporate proposal under the BIA, the LIT acting as the proposal trustee of the insolvent debtor is automatically an officer of the court. The proposal trustee is accountable for evaluating the proposal, conducting meetings with creditors, supervising the restructuring process and the implementation of the approved proposal and making the necessary distribution to the unsecured creditors.

Monitor

In larger corporate insolvencies under the Companies’ Creditors Arrangement Act (CCAA), the court designates a LIT to act as a monitor. The monitor acts as an independent third party and oversees the affairs of the debtor, ensures adherence to the CCAA procedure, and reports to the court and creditors. The monitor also oversees the restructuring process and the implementation of the restructuring plan.

Receiver

In the course of a Canadian insolvency proceeding, a receiver appointed by the court assumes control and oversees the management of a debtor’s assets. The receiver’s principal purpose revolves around the preservation of creditors’ interests and the facilitation of an organized administration process.

The appointment through a court-ordered receivership commonly occurs in situations where the debtor has defaulted and has no capacity to fulfill its financial obligations or when the need arises to safeguard and conserve the value of the debtor’s assets.

The receiver possesses extensive authority granted by the court to competently execute their responsibilities. These authorities encompass aspects such as assuming possession and control of the debtor’s assets, managing and liquidating assets, collecting outstanding debts, investigating the debtor’s financial matters, and disbursing proceeds to creditors in alignment with the court’s directives.

Liquidator

The court can appoint a liquidator in the case where the debtor company is solvent but the business is no longer viable. The company, with the assistance of the LIT who is the court-appointed liquidator, can collect on and sell its assets and there will be sufficient funds to pay off all the creditors and have money left over to distribute to the shareholders.

What do all of these court officers have in common?

All of the above various court officer appointments have one thing in common. To ensure an impartial and equitable process, the LIT appointed as the court officer assumes the role of an autonomous entity separate from the debtor and the creditors. They remain accountable to the court and bear a fiduciary duty toward the stakeholders involved.

The appointment of a court officer aims to facilitate the systematic resolution of the Canadian insolvency case (or in the case of a liquidation, the liquidation administration) while safeguarding the interests of the stakeholders involved, by entrusting the responsibilities to the LIT acting as an independent party possessing the requisite expertise in asset management and the resolution of financial disagreements and predicaments.

The appointments will differ depending on the specific circumstances of each case. The court possesses the discretion to enact appropriate designations with relevant powers granted to the LIT as the court officer to ensure the efficient administration and safeguarding of the rights of the debtor and creditors.

canadian insolvency
canadian insolvency

Understanding court officer fees in Canadian insolvency cases

In the realm of Canadian insolvency procedures, the proficiency of court-appointed officers is paramount and unswerving, as they assume a pivotal and irreplaceable function in the management and safeguarding of assets to benefit creditors. LITs bear the weighty responsibility of overseeing the course of insolvency proceedings, ensuring an impartial allocation of assets, and facilitating intricate financial resolutions.

As a testament to their outstanding contributions, court-designated officers are rightfully entitled to specific remunerations, acknowledging their unwavering commitment and specialized expertise. This section of the article aims to embark upon a comprehensive exploration of the diverse fee structures associated with court-appointed officers within the Canadian insolvency administration framework.

Initial retainer fee

Prior to their appointment and as a condition of consenting to act, court-appointed officers may necessitate an initial retainer fee. This fee acts as an upfront payment for their services and covers the preliminary expenses associated with commencing the insolvency administration process. The determination of the retainer fee typically hinges on the intricacy of the case and the complexity of the estate. The retainer amount is credited against the total fees earned as approved by the court.

Fee for administrative purposes

The administration fee constitutes an additional classification of court officer fees. Its objective is to cover the continuous administrative expenses accrued during the process of insolvency administration. This is the professional fee of the court officer, calculated by the hours worked by each level of staff of the court officer, at their standard hourly rates. This is the most common type of court officer fee.

Asset Realization or performance-based fee

It is possible in unique situations where the sale of assets will be very complex, the court officer earns an asset realization fee. It is earned only if the LIT is successful in disposing of the assets belonging to the insolvent estate or obtains a value above some pre-determined threshold amount. The court officer’s hard work in assessing, marketing, and selling assets is crucial to ensuring that creditors receive the best possible returns. Generally, the asset realization fee is calculated as a percentage of the total value of the realized assets or as a percentage of the revenue generated above the pre-determined threshold from the sale of assets.

Disbursements

In addition to the aforementioned fees, court-appointed officers are entitled to charge for their reasonable disbursements incurred during the course of their duties. Disbursements may encompass expenses relating to travel, professional services, legal fees incurred by the court officer, court filings, third-party valuations or appraisals, and other essential costs directly associated with the administration of the insolvency proceedings. The court officer is obligated to maintain meticulous records and furnish comprehensive accounts of the disbursements (and fees) for scrutiny and approval.

Significance of the checks and balances in the court taxation process for court officer fees

In all of the above cases, it is crucial to underscore those court-appointed officer fees and disbursements are subject to judicial oversight and scrutiny to ascertain their reasonableness and justifiability in light of the services rendered. The court possesses the authority to review and endorse these fees, factoring in elements such as the complexity of the case, the qualifications of the court officer, the scope of work performed, and the benefits conferred upon the stakeholders involved.

Court-appointed officers engaged in Canadian insolvency administrations are entitled to a potentially diverse array of fees, commensurate with their indispensable role in the management and preservation of assets. These fees encompass the initial retainer fee, administration fee, asset realization fee, performance-based fee, and reasonable disbursements. By duly compensating court-appointed officers for their unrivalled expertise and unwavering commitment, the insolvency administration process can proceed seamlessly, instilling confidence among creditors regarding the equitable and effective management of the insolvent estate.

canadian insolvency
canadian insolvency

Taxation process for court officer fees

The intricate procedure of taxing court officer charges in Canadian insolvency cases is a multifaceted framework that is influenced by numerous pivotal elements. Grasping these elements is of utmost importance for court officers and stakeholders alike, as it directly affects the amount of remuneration received by court officers for their labour and what is accessible to be allocated to the creditors in the priority of their ranking.

By conducting comprehensive evaluations of numerous Canadian insolvency cases, the court has established a series of benchmarks for the taxing process in scrutinizing and endorsing the fee and disbursements of a court officer. The taxing process is impelled by a variety of distinctive elements that necessitate meticulous attention to detail.

In essence, by acquiring a lucid comprehension of the taxing process and its implications, court officers can ensure that they obtain equitable compensation for their labour, while concurrently providing clients with a valuable service. Here are the elements that a court scrutinizes when determining the appropriateness of the fee and disbursements levied by its court officer.

Canadian insolvency cases: What are the factors that the court considers in the taxation of costs process for court officer fees

Preparation and submission of taxation of costs materials

The court officer’s application for the approval of its fee and disbursements is like any other court application. There needs to be the proper legal documents and evidence. The evidence is normally the court officer’s report to the court accompanied by invoices and detailed time dockets, sufficient to show what steps were taken in the administration for the specific date range, by who and at what professional hourly rate. This would be the case not only for the court officer but also for legal counsel providing legal services to the court officer.

This evidence would be accompanied by a sworn affidavit from an official from the court officer’s firm and the legal firm providing legal advice to the court officer, attesting to the accuracy of the time kept and that the hourly rates charged were the standard hourly rates. This would be for the administrative fee described above. If the court officer or its legal counsel feels they are entitled to any other type of fee, that evidence would also have to be put forward. An example would be a signed and accepted engagement letter between the court officer and the applicant in the original litigation that resulted in the appointment of the court officer.

The remaining procedures and documents are the ones that the lawyer acting on behalf of and providing legal advice to the court officer normally does such as obtaining a court date and preparing the notice of motion, factum and draft order, filing it with the court, effecting service on all interested parties and providing proof of service.

canadian insolvency
canadian insolvency

The Ontario court pays close attention to and follows several significant legal cases regarding the taxation of court officer fees when assessing the amounts in issue. These cases are:

Bank of Nova Scotia v. Diemer, 2014 ONSC 365 at paragraph 3, citing Re Bakemates International Inc., [2002] O.J. NO. 3659 (Ont. C.A.) – These cases establishes the essential principle that court officers must provide evidence to support the fairness and reasonableness of their requested compensation when seeking approval from the court. The court acknowledges its power to modify the fees and charges imposed by court officers, ensuring a just outcome is achieved.

Re Nortel Networks Corporation et al, 2017 ONSC 673 at paragraph 15, quoting Bank of Nova Scotia v. Diemer, 2014 ONSC 365 at para. 19, aff’d 2014 ONCA 851 – The court is not obligated to scrutinize the intricate details of dockets, hours, explanations, or disbursements. Instead, it has the authority to take into account all pertinent factors and make a more comprehensive assessment when awarding costs or fees. The Court of Appeal has emphasized that the primary focus should be on the achieved results, rather than the amount of time expended in achieving them.

Jethwani v. Damji, 2017 ONSC 3524 at paragraph 49 quoting HSBC Bank Canada v. Mahvash Lechcier-Kimel, 2014 ONSC 1690; aff’d 2014 ONCA 721.- In the context of a court-supervised Canadian insolvency case, if the actions of the court officer are considered imprudent and/or unreasonable, the fees and disbursements for the amounts in issue resulting from such conduct may be deemed unfair and unreasonable. This means that the court officer may not be entitled to receive full compensation for their services if their actions during the administration are deemed inappropriate or unreasonable.

Analyzing the prudence and reasonableness of the court officer’s conduct entails subjective interpretation, usually falling within the purview of the supervising court in Canadian insolvency proceedings. The court will consider an array of factors, including the accomplishments of the court officer, the encountered challenges, and the alignment of actions with the court’s directives and the best interests of all parties involved.

Should the court determine that the court officer’s actions were imprudent or unreasonable, they possess the authority to make appropriate adjustments to the fees and expenses. This adjustment is rooted in the notion that compensation ought to correspond to the level of performance and reasonableness demonstrated throughout the entire Canadian insolvency case.

What will the court specifically consider during the taxation process?

Based on the above cases, the Canadian courts will consider a non-exhaustive list of factors in determining whether a Court officer’s fees are fair and reasonable, including the:

  • nature, extent and value of the assets handled;
  • complications and difficulties encountered;
  • degree of assistance provided by the company, its officers or employees;
  • time spent;
  • court officer’s knowledge, experience and skill;
  • diligence and thoroughness displayed;
  • responsibilities assumed;
  • results of the court officer’s efforts; and
  • cost of comparable services and service providers in the jurisdiction when performed in a prudent and economical manner.

    canadian insolvency
    canadian insolvency

Canadian insolvency court officer best practices: Enhancing performance and safeguarding interests

In my view, court officers should adopt a set of best practices that can greatly contribute to their effectiveness. These practices should include the implementation of a signed engagement letter in Canadian insolvency court proceedings.

The Importance of a signed engagement letter

The signed engagement letter holds immense significance as it meticulously outlines the extent, nature, and expenses associated with the tasks to be undertaken by a court officer in Canadian insolvency court proceedings. By formalizing the agreement between the court officer and the Applicant, this document sets clear expectations and offers a wide array of benefits to both parties involved.

1. Ensuring clarity and defining the scope of work

With a signed engagement letter, the responsibilities and duties of the court officer become unambiguously clear. It provides a precise delineation of the work’s scope, encompassing specific tasks, deadlines, and deliverables. Such lucidity fosters a mutual understanding between the court officer and the Applicant, effectively minimizing potential misunderstandings or future disputes.

The possession of a signed engagement letter serves as concrete legal protection for both the court officer and the Applicant. It acts as tangible evidence of the agreed-upon terms, substantially reducing the likelihood of contractual conflicts. In instances of disagreements or misunderstandings, this engagement letter stands as a binding agreement, effectively safeguarding the interests of both parties.

3. Transparent cost structure

The engagement letter offers a transparent overview of the expenses associated with the court officer’s services. It explicitly outlines the fee structure, payment terms, and any additional costs that may arise throughout the court proceedings. This transparency enables the Applicant to aptly plan their budget, effectively averting any unforeseen financial surprises.

4. Aligning expectations

By explicitly defining the nature of the work to be performed, an engagement letter ensures a shared understanding between the court officer and the Applicant. It empowers the Applicant to comprehend the services they will receive and the level of assistance they can expect from the court officer. Simultaneously, it grants the court officer the opportunity to clarify their role and set realistic expectations for the Applicant, thus fostering a productive and harmonious working relationship.

5. Professionalism and credibility enhancement

When a court officer provides a signed engagement letter, it showcases their professionalism and credibility. This letter is proof that the officer is dedicated to upholding ethical standards and providing high-quality services. It also reassures the client that they are working with a skilled and responsible court officer. Overall, a signed engagement letter is a crucial element that enhances the court officer’s reputation and builds trust with their clients.

6. Documentation for effective record-keeping

The engagement letter assumes a pivotal role as an indispensable document for meticulous record-keeping purposes. It ensures that all pertinent details regarding the court officer’s engagement and the scope of work are meticulously documented in writing. This comprehensive documentation becomes invaluable when the need for future clarifications or reviews of the work arises.

In summary, incorporating a signed engagement letter into court proceedings is an indispensable best practice for court officers. It fosters clarity, safeguards legal interests, establishes transparent cost structures, aligns expectations, enhances professionalism and credibility, and facilitates effective record-keeping. By adhering to these practices, court officers can significantly enhance their performance and effectively safeguard the interests of all parties involved.

Advantages of meticulous record-keeping for fee statements in court-supervised Canadian insolvency proceedings

Within court-supervised Canadian insolvency proceedings, the court officer assumes a pivotal role in managing the intricate financial aspects of the process. The presence of comprehensive and precise documentation of fee statements yields substantial advantages for both the court officer and the stakeholders involved. Let’s delve into these benefits in greater depth:

1. Transparency and accountability

Thoroughly documented fee statements establish transparency and accountability concerning the financial transactions carried out by a court officer. They empower stakeholders to obtain a lucid comprehension of the imposed fees and the corresponding services rendered. By upholding meticulous records, the court officer can manifest their unwavering dedication to impartiality and ethical conduct, fostering trust among the stakeholders.

2. Justification of fees

Court officers are entitled to receive fair compensation for the provision of their services. By diligently documenting fee statements, court officers can substantiate the fees they levy. These records delineate the precise tasks undertaken, the invested time, and the intricacy of the involved work. Such comprehensive details enable stakeholders to grasp the value that the court officer brings forth and diminish the likelihood of fee-related disputes.

By ensuring the scrupulous documentation of fee statements, court officers can mitigate the risk of legal issues and the need for additional legal services stemming from erroneous or incomplete records. Given the exacting financial reporting requirements within court-supervised Canadian insolvency proceedings, precise and comprehensive fee statements contribute to adherence to regulatory standards, thereby minimizing the potential for legal entanglements.

4. Augmented stakeholder confidence

Stakeholders, encompassing creditors, the debtor being the insolvent company, and the court itself, repose profound trust in court officers’ ability to navigate the intricacies of insolvency proceedings. Meticulously documented fee statements act as tangible evidence of the court officer’s professionalism and dependability. This documentation instills stakeholders with the assurance that the court officer conducts their duties transparently and diligently, cultivating confidence in the overall process.

5. Efficient resolution of disputes

In situations where fee disputes or disagreements arise, the presence of thorough documentation becomes invaluable. Detailed records provide a foundation for resolving conflicts through negotiation or formal channels. They serve to facilitate discussions, clarify any misinterpretations, and reach mutually agreeable solutions. This expedites the resolution of disputes and upholds positive relationships between the court officer and stakeholders.

6. Adherence to reporting requirements

Court-supervised Canadian insolvency proceedings necessitate compliance with various reporting obligations, including financial disclosures. Meticulous documentation of fee statements ensures adherence to these reporting requirements. Accurate and well-documented fee statements streamline the preparation of essential reports, facilitate the maintenance of audit trails, and fulfill regulatory obligations. This enables court officers to fulfill their responsibilities effectively and ensures the smooth progression of proceedings.

7. Cultivation of professional reputation

Maintaining meticulous documentation of fee statements contributes to the cultivation of a court officer’s professional reputation. Accurate and organized records serve as a testament to the court officer’s unwavering commitment to professionalism and attention to detail. This meticulousness resonates positively within the legal and insolvency communities, potentially opening doors to future opportunities and referrals.

canadian insolvency
canadian insolvency

Advantages of timely and effective communication for court officers and stakeholders

Timely and effective communication plays a vital role in the court officers’ quest to maintain transparency and foster positive relationships with stakeholders. By giving due importance to clear and consistent communication concerning their actions, activities, and fees charged, court officers bring forth numerous benefits for themselves and the stakeholders involved. Let’s delve into these advantages in detail:

1. Improved comprehension and trust

Timely and effective communication empower court officers to articulate their actions and activities in a manner that stakeholders can readily grasp. By providing regular updates and reports, court officers ensure that stakeholders possess a comprehensive understanding of the progress and status of the proceedings. This level of transparency nurtures trust and instills confidence in the court officers’ capabilities, thereby fostering a productive and harmonious working relationship.

2. Heightened collaboration and cooperation

Maintaining open channels of communication enable court officers and stakeholders to exchange relevant information and actively engage in the proceedings. Effective communication facilitates seamless collaboration, leading to improved decision-making and problem-solving. This collaborative approach streamlines the legal process and paves the way for a more efficient resolution.

3. Timely resolution of issues

Timely communication empowers stakeholders to promptly address any concerns or issues that may arise. By promptly sharing information and seeking feedback, court officers can identify and resolve potential challenges or conflicts in a timely manner. This proactive approach minimizes disruptions, reduces delays, and ensures that the proceedings stay on track.

4. Transparent cost structure and budget management

Effective communication regarding fees charged equip stakeholders with a clear understanding of the costs involved in the legal process. Court officers can provide detailed explanations of the fees charged, including any additional expenses. This transparency empowers stakeholders to effectively manage their budgets, enabling them to anticipate and plan for the financial aspects of the proceedings.

5. Mitigation of misunderstandings and disputes

Clear and timely communication acts as a safeguard against misunderstandings and potential disputes. By providing comprehensive explanations of their actions and activities, court officers can address any questions or concerns that stakeholders may have. This proactive approach reduces the likelihood of conflicts and ensures a smoother legal process.

6. Stakeholder satisfaction and retention

When court officers prioritize effective communication, stakeholders feel valued and actively involved in the proceedings. Regular updates, timely responses, and clear explanations contribute to stakeholder satisfaction. Satisfied stakeholders are more likely to continue working with the court officers in the future and may even provide valuable referrals, thus enhancing the court officers’ reputation and expanding their professional network.

Timely and effective communication ensures that court officers adhere to legal and ethical standards. By providing regular updates and accurate information, court officers demonstrate their commitment to transparency and accountability. This adherence to standards upholds the integrity of the legal process and instills confidence among stakeholders.

Canadian insolvency: Conclusion

I hope you enjoyed this Canadian insolvency Brandon’s Blog on the issue of the taxation of a court officer’s fee and disbursements. Managing your personal or business financial affairs in today’s ever-challenging and changing business landscape is no small feat, but with the right plan in place, it’s possible to stay or get back on track.

Revenue and cash flow shortages are critical issues facing people, entrepreneurs and their companies and businesses that are in financial distress. Are you now worried about just how you or your business are going to survive? Are you worried about what your fiduciary obligations are and not sure if the decisions you are about to make are the correct ones to avoid personal liability? Those concerns are obviously on your mind.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team uses innovative and cutting-edge methodologies, to adeptly navigate you through the intricacies of your financial challenges, ensuring a resolution to your debt-related predicaments without resorting to the rigours of the bankruptcy process. We can get you debt relief now!

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a Trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

The Ira Smith Trustee & Receiver Inc. team understands that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

canadian insolvency
canadian insolvency
Categories
Brandon Blog Post

BUSINESS BANKRUPTCY: SHOULD CANADA ADOPT A SATISFYING COMPLETE USA-STYLE PROCESS FOR SMALL BIZ RESTRUCTURING?

 

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fully operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

Business bankruptcy: Insolvency for business

Hundreds of thousands of small businesses around the world have been affected by the lockdowns caused by the Coronavirus pandemic. There have been many company closures, and others have been forced to restructure. Although restructuring may be painful, it is necessary if you want to come out from under crippling debt and grow your business.

Many businesses experiencing financial difficulties simply shut their doors rather than restructure. Most small businesses cannot reorganize their company debts under the Bankruptcy and Insolvency Act (Canada) (BIA) due to the high costs of administration. A small business owner does not benefit from spending money to have a business bankruptcy. It is therefore only possible to lock the door and give the key to one of the secured creditors, usually the bank or to the landlord.

Globally, small and medium-sized businesses play an important role. In 2019, I wrote a Brandon Blog post about business bankruptcy issues that US bankruptcy experts identified as problems for small business bankruptcy restructuring with Chapter 11 restructurings. This process was not working for these businesses. Chapter 11 restructurings are expensive, ineffective, and impractical. The US insolvency system therefore could not help many businesses in need of restructuring in the USA.

In this Brandon Blog, I provide an update on the successful experience and unanimous calls to extend the US subchapter V of Chapter 11 of the United States Bankruptcy Code. Therefore, I revisit the question as to whether such a small business bankruptcy tool should exist in Canada.

Business bankruptcy and Insolvency at a glance

Congress passed the Small Business Reorganization Act (SBRA) on July 23, 2019. On August 1, the Senate passed the bill. In August 2019, it became law.

SBRA makes business bankruptcy protection easier for small and medium-sized enterprises. Chapter 11, subchapter V of the US Bankruptcy Code (Title: Small Business Debtor Reorganization) is the result. Increasing its affordability will help save otherwise viable owner-managed businesses.

SBRA defines a small company as one with non-contingent debts of $2,725,625 or less, leaving out financial obligations to affiliates or parties not dealing at arm’s length, and which elects to be dealt with under the SBRA. A new subchapter V to Chapter 11 of the US Bankruptcy Code is included in the Act. In this new approach, small companies are able to restructure efficiently with greater ease and at a lower cost.

The primary purpose of this legal process is:

  • Secured creditors and unsecured creditors cannot lodge a Chapter 11 restructuring plan that it is prepared to support. Only businesses with debt problems can. In most cases, the company’s plan must be filed within 90 days of when it filed for bankruptcy protection.
  • To manage each case, trustees similar to those selected in a personal restructuring (Chapter 13) situation will be selected.
  • A creditors committee will not be established.
  • If the home loan/mortgage secured by the home was used to fund the business, the Chapter 11 plan can change the legal rights of the lender.
  • It is possible for a Court to approve a small business bankruptcy restructuring plan without the approval of any class of creditors. If the court is satisfied that all creditors are treated fairly and no creditor class is prejudiced, it will approve the restructuring plan,.
  • A restructuring plan must ensure that all earnings received during the restructuring will be available to fund the restructuring for a period of 3 to 5 years in order to be fair and equitable.

Consequently, it is the responsibility of the creditors to carefully review all cases filed under SBRA. The creditors should consult bankruptcy experts for guidance. Their role will be to ensure that restructuring cases are fairly examined by courts and that all creditors are treated equally. For those without the support of their creditors, this will be particularly true.

It will be very interesting to see if this new legislation accomplishes its goal of simplifying and reducing the costs associated with business bankruptcy restructuring for small businesses.

business bankruptcy
business bankruptcy

Business bankruptcy: The bottom line on the SBRA

This tool was successful in protecting small businesses from bankruptcy liquidation. Republicans and Democrats alike have embraced this obscure federal program that allows small-business owners to shed debt in bankruptcy protection so much, they are now considering extending it. Republican and Democratic agreement on anything is very rare these days.

In a Subchapter V bankruptcy, closely-held businesses can file for bankruptcy much more quickly and inexpensively than they would in a Chapter 11 bankruptcy. The government appoints a trustee with limited powers who assesses the company’s finances and helps reach a consensus with creditors. Rather than official creditor committees, there is only a trustee appointed by the government. Furthermore, company owners don’t risk losing control of their companies to creditors, a common outcome in bankruptcy.

When the pandemic ravaged thousands of small businesses, the government raised the debt threshold to qualify for Subchapter V to $7.5 million from $2.7 million and extended it an additional year. In the absence of another renewal, the higher limit will expire next month, shutting out thousands of companies that could benefit as they deal with new challenges such as supply chain issues and higher interest rates.

The main benefits of the SBRA business bankruptcy protection

Quick response

Since the program began, more than 2,800 cases have been filed. Restructuring advisers predict that number will rise as banks and landlords become more aggressive in collecting overdue loans and back rent.

Government assistance and eviction moratoriums have enabled small businesses to exist in limbo but that won’t last. Experts predict that more subchapter V filings will take place in 2022.

The American Bankruptcy Institute studies bankruptcy statistics. They state that the quick turnaround time of Subchapter V has attracted and will attract more filings.

Corporation envy

Some distressed corporations are so envious of Subchapter V that restructuring advisers are hunting in vain for strategies that might let their bigger clients qualify. For example, there was a company with 130 company-owned locations that filed for bankruptcy protection in 2020. It initially attempted to file individual brick-and-mortar locations under the program, before switching to a chapter 11 proceeding.

This business bankruptcy restructuring statute has proved to be a lifeline for smaller companies and should be extended.

business bankruptcy
business bankruptcy

The Canadian business bankruptcy and restructuring landscape

Canada lacks an equivalent streamlined corporate insolvency restructuring statute. There are two Canadian insolvency regimes: the Companies’ Creditors Arrangement Act (CCAA) and the BIA. For large corporations, the CCAA applies. The process is heavily governed by the courts. In my opinion, it would not be possible to sufficiently streamline the CCAA for small businesses to have enough staying power during restructurings under the CCAA to survive.

A streamlined restructuring process is possible under the BIA for small and medium-sized businesses. There was a streamlined restructuring process for individuals so that consumer bankruptcies can be avoided. These consumer proposals are found in Part I Division II of the BIA. So why not a special restructuring proposal section for smaller companies? I called it a new Part I Division III of the BIA in my earlier Brandon blog I referred to above – a general scheme for small business proposals (SBP) section of the BIA. The aim is to provide small businesses with the opportunity to restructure business debts on a cost-effective basis rather than to make Canadian bankruptcies the only real option to consider.

In the US, using a streamlined restructuring model has been so successful. That’s why I am bringing back my idea from 2019. I won’t repeat everything, however. You can see what my recommendations were by reading my blog – BANKRUPTCY EXPERTS WEIGH IN ON US & CDN SMALL BIZ RESTRUCTURING.

Business bankruptcy: The debtor (owes money) not the creditors (are owed money) would control the reorganization

An insolvent corporation, sole proprietors, or partnership that is set up to conduct business should be able to access the new SBP. The total amount of their debt should not exceed $1.5 million. Such a number is not based on any scientific calculations.

In order to determine an appropriate debt level, Statistics Canada could assess the average debt load of Canadian businesses. In this discussion, I’ll use the $1.5 million amount.

Loans from affiliates or from people with a non-arm’s-length relationship would not be excluded as in US law. A Canadian company’s first funding is usually provided by its owners. Chartered banks require owners to make a commitment with their personal assets before they are willing to lend. To get the business off the ground, the owners sacrificed their own money. Because they had to finance the company that way, I would not exclude that debt from the calculation.

The Canadian business landscape differs from the American one. We tend to be smaller in size. For non-arm’s-length debt to be excluded, the debt threshold would have to be lowered. Keeping that debt threshold in mind, let us include all debt, whether it’s secured or unsecured, related, or arms’ length.

This new SBP would not be applicable to people who are not conducting business in their own name. Those people will fall into either Division I or Division II restructuring proposals which include two mandatory credit counselling sessions.

Restructuring proposals can currently only be administered by a licensed insolvency trustee (formerly called a bankruptcy trustee). A licensed insolvency trustee is known as the Proposal Trustee under Division I Proposals. As part of Division II personal restructurings, they are known as the Administrator.

Therefore, I will call the Trustee the Small Business Administrator for the new SBP. As a result, it is obvious that it is the restructuring of a business that qualifies under Division III. The use of the word “administrator” is consistent with the words used by Parliament for consumer proposals. Again, this means that the Trustee is administering a streamlined restructuring for small businesses.

The main points I recommended in my earlier blog in a Canadian small business streamlined restructuring statute include:

  • Currently, it is possible for a company or person to begin the restructuring process by filing either a Notice of Intention to Make A Proposal (NOI) or a Proposal itself. Regardless of the filing method, there is a 10-day limitation period under which the debtor must submit a cash-flow statement that has been reviewed and approved by both the company or person and the Trustee. A company or individual filing an NOI then has an additional 20 days (30 days after the filing date of the NOI) to file a Proposal (unless the court extends the time).

I propose extending the deadline for filing a Proposal from 30 days to 90 days after the filing of an NOI, without the need to go to the Court for an extension. As a result, the business should have enough time to get all of its tax and corporate filings up to date and, hopefully, avoid the need to adjourn the meeting of creditors.

  • A creditor would file a proof of claim in the same way they do now in a BIA Proposal.
  • There is a concept of deemed creditor approval and deemed court approval in the current consumer proposal legislation. A creditors’ meeting is not necessary unless creditors holding 25% of the proven claims request it. In addition to the proof of claim process, creditors receive voting letters to cast their vote when they submit a proof of claim. If there is no obligation to convene a meeting, a consumer proposal is considered accepted.If a consumer proposal is either accepted or deemed accepted by the creditors, the Trustee Administrator will probably not need to seek approval from the Court. There are no deeming provisions in corporate restructuring, either for creditor acceptance or for court approval. The new SBP section should include similar provisions regarding creditor acceptance and court approval. This would save time and money, thus enhancing efficiency.
  • The Meeting of Creditors if required, would be held 21 days after the Trustee Administrator recognizes that the small business restructuring did not receive deemed approval.
  • When creditors fail to vote in favour of a Division I Proposal or when the court does not approve it, it is automatically deemed an assignment in bankruptcy. This does not apply to consumer proposals. Debtors return to their normal state without creditor protection after an unsuccessful consumer proposal attempt.For the new streamlined business restructuring proposal law, if creditors fail to accept or the court does not approve the restructuring plan, then that does not automatically mean there is a bankruptcy. The debtor small business would simply return to its normal unprotected insolvent state and must defend itself against creditors.A voluntary assignment into bankruptcy may result, but not automatically. A bankruptcy proceeding does not make sense in certain corporate situations. If a chartered bank holds security over all assets it will enforce its security through a receivership, this is especially true.

Business bankruptcy summary

A streamlined small business bankruptcy protection section is working in the US and both Republicans and Democrats want it extended and made to be able to handle even more bankruptcy cases. So why should we not have one in Canada too? I know that it could work.

I hope you found this business bankruptcy Brandon Blog informative. Although nothing is guaranteed, managing your debt in a way that will allow you or your company to be able to afford it, will lead to your financial success. It will also give you the best shot at having a financially stress-free life.

Are you or your company in financial distress and a debt crisis? Are you embroiled in costly litigation or a crushing debt load and need a time out in order to restructure? Do you not have adequate funds to pay your financial obligations as they come due? Are your credit cards maxed out? Are you worried about what will happen to you? Do you need to search out easy-to-understand debt solutions and realistic ones for your family debt problems? Is your company in financial hot water?

Call the Ira Smith Team today. We have decades and generations of experience assisting people looking for life-changing debt solutions through a debt settlement plan and AVOID the bankruptcy process.

As licensed insolvency professionals, we are the only people accredited, acknowledged and supervised by the federal government to provide insolvency advice and to implement approaches to help you remain out of personal bankruptcy while eliminating your debts. A consumer proposal is a Government of Canada-approved debt settlement plan to do that. It is an alternative to bankruptcy. We will help you decide on what is best for you between a consumer proposal vs bankruptcy.

Call the Ira Smith Team today so you can eliminate the stress, anxiety, and pain from your life that your financial problems have caused. With the one-of-a-kind roadmap, we develop just for you, we will immediately return you right into a healthy balanced problem-free life.

You can have a no-cost analysis so we can help you fix your troubles.

Call the Ira Smith Team today. This will allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fully operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

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business bankruptcy
Categories
Brandon Blog Post

WHAT DOES RECEIVERSHIP MEAN FOR 1 BETTER GUARANTOR BANKRUPTCY DISCHARGE

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

what does receivership mean

What does receivership mean: Receivership is for secured claims

What does receivership mean? A receivership is an enforcement proceeding that helps secured creditors recover secured debts on debtor defaults on loan payments from troubled companies. There are two types of receivers and receiverships: Privately-appointed receivers and court-appointed receivers.

As you can tell from the title of this Brandon Blog, I am not going to be writing about receiverships. You can take a look at my April 14, 2021, Brandon Blog titled “WHAT IS A RECEIVERSHIP? OUR COMPLETE GUIDE TO RECEIVERSHIP SOLUTIONS” to read all about what receiverships are.

What does receivership mean? It is a remedy for secured creditors.

I want to go through two more concepts quickly, and then I will get to what I really want to talk to you about today.

What does receivership mean: Bankruptcy vs. receivership

Despite the fact that receivership and bankruptcy sometimes get used interchangeably, they are not the same thing. A bankruptcy proceeding and a receivership proceeding are both legal actions conducted under the Bankruptcy and Insolvency Act (Canada) (BIA) and governed by the Office of the Superintendent of Bankruptcy (OSB). According to the BIA, either a receiver or a bankruptcy trustee in Canada needs to be a licensed insolvency trustee, whose license is granted and whose actions are supervised by the federal government’s OSB.

Here is where the similarities end. In a receivership, a secured creditor would either hire a receiver privately or ask a court to place a company into receivership and appoint one to liquidate the collateral they have against the debtor. According to the Canadian bankruptcy process, either the person or company voluntary files for bankruptcy with a licensed insolvency practitioner, or one or more unsecured creditors apply to the Court for the appointment of an insolvency trustee to administer the bankruptcy Estate.

Licensed insolvency trustees are needed in both cases. The receivership procedure is a secured creditor’s remedy and bankruptcy is an unsecured creditor‘s remedy. To read up more on the bankruptcy process, look at my September 30, 2020, Brandon Blog “DECLARE BANKRUPTCY: A COMPLETE GUIDE ON WHAT IS IT LIKE TO DECLARE BANKRUPTCY“.

What does receivership mean? Not the same as bankruptcy.

what does receivership mean
what does receivership mean

Employee Rights in Bankruptcy Protection and Bankruptcy⁄Receivership

Bankruptcy protection can be gained to try to make a troubled company stable and then return the company to profitability by filing pursuant to either the BIA or the Companies’ Creditors Arrangement Act (CCAA), employees retain their right to unpaid wages, vacation pay, and severance or termination pay. There is no difference between filing and not filing. They are unsecured creditors of a troubled company, and the company directors are personally responsible for amounts owed to employees.

For the company in receivership or bankruptcy, the employees do have greater rights. The receiver of a company in receivership must register with Service Canada under the Wage Earner Protection Program Act (WEPPA) for the Wage Earner Protection Program. This program provides some compensation to eligible employees who are owed money by a bankrupt or receivership company.

To read more about WEPPA, take a look at my February 10, 2020 Brandon Blog, “SEVERANCE PAY ONTARIO & BANKRUPTCY-BARRYMORE FURNITURE UNPAID WORKERS ANGRY“.

So what does receivership mean to an employee with unpaid wages? It means they can claim a priority and get paid by Service Canada.

What does receivership mean: Receivership – a typical appointment

Now I will get to what this Brandon Blog is actually about. In Canada, it is the norm for secured creditors advancing loans secured against company assets, to also take a personal guarantee on the same debt from the principals of the company. In all entrepreneurial companies in Canada, that is at least the president running company affairs. If the lender-secured creditor suffers a shortfall from the liquidation of the company assets, the lender then looks to the guarantor(s) of the company debt to make good on the lender’s loss. Many times the company president/guarantor has no choice but to file consumer bankruptcy.

I was involved in a bankruptcy discharge hearing for one of our personal bankrupts in April 2021. He caused his company, being its sole Director, to file for bankruptcy with another Trustee. That same Trustee was also appointed as the company’s private receiver by the secured creditor. The company president provided the secured creditor with a personal guarantee.

Realizing that they would suffer a shortfall from the company situation, rather than suing on their personal guarantee, they approached us to consent to act as the Trustee in a Bankruptcy Application against the company president. We consented and the company president ultimately consented to a Bankruptcy Order being made to put him into bankruptcy with my Firm as the Trustee.

what does receivership mean
what does receivership mean

What does receivership mean: The bankruptcy of the guarantor

We administered the consumer bankruptcy. There were some assets to realize upon which we did. One realization required court approval as we were selling seat licenses and the right to purchase tickets for the Toronto Maple Leafs to a related party. The bankrupt person’s largest single consumer creditor was Canada Revenue Agency for unpaid income tax. The company in receivership was also a creditor as the president owed the company money. The secured creditor of the company was also an unsecured creditor of his in his personal bankruptcy for the personal guarantee on the shortfall.

The known creditors each filed their respective proof of claim in his bankruptcy, including the company by its privately-appointed receiver. We believed that the company by its receiver was a creditor for the amount of the shareholder loan owing to the company. The proof of claim they filed was for a much larger amount. As Trustee, we neither admitted nor disallowed any proofs of claim filed in this bankruptcy estate. The Trustee would have to take a cold hard look at the receiver’s proof of claim at some future date it is determined that a dividend will be paid to the creditors in this bankruptcy estate, which is highly unlikely.

What does receivership mean: The receiver opposes a bankruptcy discharge

Only one unsecured creditor opposed the bankrupt’s discharge. That was the receiver, or more correctly, the company in receivership by its privately-appointed receiver. The Trustee had not opposed. The lender, as an unsecured creditor, did not oppose either along with the other consumer creditors.

As I mentioned, in April 2021, the discharge hearing was held before the Master sitting as Registrar in Bankruptcy Court. The court raised a novel issue. Does the receiver have the standing to oppose the bankrupt’s discharge? The court allowed the hearing to be completed and allowed the parties to file further submissions, subsequent to the hearing, on this issue. Submissions were received from us, the
Trustee and from the Receiver in mid-May, 2021. The bankrupt took no position on the issue.

what does receivership mean
what does receivership mean

Does the Receiver have standing to oppose the bankrupt’s discharge?

Here is what I wrote to the court.

The security documents under which a privately-appointed receiver is appointed will determine if an unsecured amount owing by a bankrupt debtor is an asset secured by security held by a creditor over the assets of another party. If so, then the privately-appointed receiver has the right to file a proof of claim in the debtor’s bankruptcy as part of attempting to realize upon that asset forming part of the secured creditor’s collateral.

In doing so, the privately-appointed receiver is acting as Agent for the secured creditor. If the privately-appointed receiver files a proof of claim in the bankruptcy that is not disallowed by the licensed insolvency trustee administering the bankruptcy estate, then, in order to oppose the discharge of the bankrupt, the privately-appointed receiver must also be able to be the Agent for the debtor in receivership.

If the security under which the privately-appointed receiver is appointed allows for that receiver to operate the business of the debtor in receivership, then that receiver has the ability to be an Agent of the debtor in receivership and bring a claim in the name of that debtor.

In this matter, of the various pieces of security held by the secured creditor, only the General Security Agreement (the “GSA”), allows a receiver appointed in writing under it to operate the business of the debtor company. Under the GSA, the privately-appointed receiver has the ability to act as both Agent of the secured creditor and Agent of the company. The appointment letter appointing the receiver confirms that the appointment is under all security held, including the GSA.

Therefore, my opinion was that although we have concerns about the amount being claimed, the receiver has the ability to both file a proof of claim in this bankruptcy and oppose the discharge of the bankrupt as an Agent of the company. I believed it aided the administration of this bankruptcy to allow the receiver to oppose because it is able to draw the attention of the court to conduct of the bankrupt of which the court otherwise might not be aware of.

Finally, I advised the court that if there still was concern that it is formal defect or irregularity section 187(9) of the BIA, the court can determine that such formal defect or irregularity will not invalidate the opposition to the discharge of the bankrupt.

What the bankruptcy court decided

The court accepted our submission and agreed with it. The court continued to be skeptical of the amount of the company’s proof of claim filed by the receiver. The court noted that as Trustee, I reported that the bankrupt has fulfilled all statutory duties. Income and expense statements were provided and there was no surplus income payable.

On a general perusal of the Trustee’s s. 170 report, the Trustee does not report any significant misconduct or concerns but reserved its rights as to its position on the discharge pending the hearing and matters disclosed therein. In the court’s view, the Trustee’s non-opposition to discharge is a factor favouring the bankrupt’s discharge. After considering all facts, the court gave the bankrupt an absolute discharge from bankruptcy.

what does receivership mean
what does receivership mean

What does receivership mean summary

I hope that you found this what does receivership mean Brandon Blog helpful in describing the role of a privately appointed receiver especially in opposing the discharge of the bankrupt guarantor of the company’s secured debt. Problems will arise when you are cash-starved and in debt. There are several insolvency processes available to a person or company with too much debt. You may not need to file for bankruptcy.

If you are concerned because you or your business are dealing with substantial debt challenges, you need debt help and you assume bankruptcy is your only option, call me.

It is not your fault that you remain in this way. You have actually been only shown the old ways to try to deal with financial issues. These old ways do not work anymore.

The Ira Smith Team utilizes new modern-day ways to get you out of your debt difficulties with debt relief options as an alternative to bankruptcy. We can get you the relief you need and so deserve. Our professional advice will create for you a personalized debt-free plan for you or your company during our no-cost initial consultation.

The tension put upon you is big. We know your discomfort factors. We will check out your entire situation and design a new approach that is as unique as you and your problems; financial and emotional. We will take the weight off of your shoulders and blow away the dark cloud hanging over you. We will design a debt settlement strategy for you. We know that we can help you now.

We understand that people with credit cards maxed out and businesses facing financial issues need a realistic lifeline. There is no “one solution fits all” method with the Ira Smith Team. Not everyone has to file bankruptcy in Canada. The majority of our clients never do as we know the alternatives to bankruptcy. We help many people and companies stay clear of filing an assignment in bankruptcy.

That is why we can establish a new restructuring procedure for paying down debt that will be built just for you. It will be as one-of-a-kind as the economic issues and discomfort you are encountering. If any one of these seems familiar to you and you are serious about getting the solution you need to become debt-free, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation.

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic.

Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

what does receivership mean
what does receivership mean
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