Best Restructuring & Insolvency Lawyers in St. Albert

About Restructuring & Insolvency Law in St. Albert, Canada

Restructuring and insolvency law in St. Albert, Canada plays a crucial role for individuals and businesses facing financial difficulties. These laws are designed to provide fair and orderly processes for managing debt, protecting creditors’ rights, and offering debtors a chance to recover or obtain relief from overwhelming financial burdens. In St. Albert, which falls under Alberta jurisdiction, cases are handled according to both federal and provincial legislation. This area of law covers a range of solutions from corporate restructuring and business reorganization to bankruptcy filings and consumer proposals.

Why You May Need a Lawyer

Facing financial trouble can be stressful and confusing. A restructuring and insolvency lawyer can help navigate the complexities of the law, protecting your interests and ensuring the best possible outcome. Common situations where legal assistance is vital include:

• When your business is struggling financially and you are considering restructuring or selling assets
• If you are overwhelmed by personal or business debts and need advice on bankruptcy or other debt solutions
• When creditors are taking collection actions against you or your company
• If you need help with negotiating with banks, creditors, or tax authorities
• When disputes arise regarding priorities among creditors
• If you are a creditor concerned about recovering your money from an insolvent debtor

Lawyers can help guide you through the legal processes, ensure all paperwork is properly completed, represent you in negotiations or court proceedings, and help protect your assets as much as possible under the law.

Local Laws Overview

St. Albert follows both federal and provincial laws relating to restructuring and insolvency. The primary federal statutes include the Bankruptcy and Insolvency Act (BIA) and the Companies' Creditors Arrangement Act (CCAA). The BIA governs personal and small business insolvency, detailing consumer proposals, personal bankruptcy, and receiverships. The CCAA is generally used for larger corporations aiming to restructure rather than liquidate.

Provincial laws, including various regulations and court procedures in Alberta, also apply. For example, the Alberta Civil Enforcement Act addresses the enforcement of judgments and seizure of assets. Legal proceedings typically take place in Alberta’s Court of King’s Bench, which has jurisdiction over bankruptcy and insolvency matters within the province, including St. Albert.

It’s also important to note that licensed insolvency trustees play a significant role. They are regulated professionals who administer proposals and bankruptcies and can provide initial advice on available options.

Frequently Asked Questions

What is the difference between bankruptcy and a consumer proposal?

Bankruptcy is a legal process that releases a debtor from most debts but may require surrendering some assets. A consumer proposal is an alternative that allows you to negotiate repayment terms with creditors while keeping your assets, provided the majority agree to the proposal.

Will bankruptcy affect my credit score?

Yes, bankruptcy significantly impacts your credit score and will appear on your credit report for up to seven years in Alberta. A consumer proposal also affects your rating but not as severely as bankruptcy.

Can I keep any of my assets if I file for bankruptcy?

Some assets are exempt under Alberta law, such as basic household goods, clothing, certain amounts of RRSPs, and a portion of equity in your home and vehicle. The exact exemptions depend on your individual circumstances.

What is corporate restructuring?

Corporate restructuring involves reorganizing a company’s affairs, operations, or structure, often to reduce debt, improve efficiency, or prepare for sale. This can involve formal legal proceedings or out-of-court negotiations with creditors.

Who qualifies for a consumer proposal?

Individuals with unsecured debts not exceeding 250,000 dollars (not including mortgages on the principal residence) may file a consumer proposal. This option is only available to those unable to pay their debts in full.

What role does a licensed insolvency trustee play?

A licensed insolvency trustee (LIT) is a professional authorized to administer bankruptcies and proposals. They explain your options, file necessary documents, oversee asset distribution, and ensure legal compliance throughout the process.

Can I file for bankruptcy more than once?

Yes, it is possible to file for bankruptcy more than once in Canada. However, repeat bankruptcies can have more severe consequences and may extend the length of time you remain bankrupt.

What happens if a business goes bankrupt in St. Albert?

If a business goes bankrupt, assets are sold and proceeds distributed among creditors according to legal priorities. Shareholders usually receive nothing unless all creditors are paid in full. Depending on the structure of the business, owners may or may not be personally liable for debts.

How are employees affected by a company's insolvency?

Employees owed wages, vacation pay, or severance may qualify as preferred creditors, meaning they are ahead of most other unsecured creditors when assets are distributed. The federal Wage Earner Protection Program may provide limited compensation.

Should I contact a lawyer or a trustee first?

Both can provide initial advice. Lawyers can help assess your options, especially if legal disputes or complex assets are involved, while trustees focus on the administration of bankruptcy and proposals. In many cases, it is helpful to speak with both.

Additional Resources

If you need further information or assistance with restructuring and insolvency matters in St. Albert, consider reaching out to the following resources:

• Alberta Courts - For information about bankruptcy and insolvency proceedings
• Office of the Superintendent of Bankruptcy Canada - Regulates trustees and maintains records
• Licensed Insolvency Trustees in St. Albert and Edmonton area
• Alberta Law Line - Free legal information and referrals for Alberta residents
• Local Community Legal Clinics - Offer advice for eligible clients
• Chartered Professional Accountants Alberta - For financial consultations and advice

Next Steps

If you are facing financial challenges and think restructuring or insolvency options may be necessary, consider the following actions:

• Gather relevant financial documents including debt statements, income sources, and asset lists
• Schedule a confidential consultation with a restructuring and insolvency lawyer in St. Albert
• Contact a licensed insolvency trustee for an initial assessment of your situation
• Discuss all available options including debt negotiation, restructuring, consumer proposals, or bankruptcy
• Follow up regularly with your legal and financial advisers to ensure you meet all deadlines and requirements

Taking these steps with professional guidance can help you navigate challenging financial circumstances, protect your rights, and achieve the most favorable outcome possible under the law.