Protecting value when the going gets tough...
What We Do
Our Insolvency Group offers advice to clients in the areas of bankruptcy and insolvency, restructuring, foreclosure, collections, and priorities. Our comprehensive expertise is derived from assisting a very diverse clientele over the long history of the firm. Our client list has included all the chartered banks, most financial institutions, trustees in bankruptcy, receivers, other law firms and mortgage insurers.
RBS Insolvency Group lawyers are recognized as leaders in the legal community. Our lawyers are invariably requested to organize or speak at Continuing Legal Education seminars on foreclosures, insolvency, priorities and builder’s liens.
What You Can Expect from Us
The Insolvency Group employs state of the art techniques and the most advanced technology available to facilitate our clients’ needs.
We take a holistic approach to our institutional and larger corporate clients who often have a volume of legal matters of a similar nature. We encourage our clients to have their staff call us with questions about specific problems (whether we have been assigned the file or not) or general issues. We provide ongoing monitoring of client practices to identify areas where we can assist with recommendations to save our clients time and money. We believe that providing the “right” service to our clients includes doing more than answering the particular challenge posed by an individual referral. It involves a thorough analysis of each client’s business style and assessing how best that client can achieve its goals.
Legal Services
Our Insolvency Group regularly assist clients in the following areas:
Foreclosures:
RBS has a long history of providing mortgage collection services to various clients, concerning both residential and commercial properties. Recent trends in the industry have involved using computer management systems which allow RBS to provide a “cradle to grave” full service to clients who refer mortgage files for collection. This means that we are not only able to complete all the legal processes inherent in foreclosures, but we also assign and instruct property managers, appraisers and realtors, through to completing the claim to the mortgage insurer. Our team’s understanding of mortgage laws is second to none. RBS has prepared mortgage security for virtually every sizable mortgage lender for every conceivable situation. RBS was retained by the Province of British Columbia to prepare the prescribed Standard Mortgage Terms legislated for general use in British Columbia.
Collections:
Clients have long trusted RBS to advise them on collection matters. Our Insolvency Group professionals guide clients from the initial opinion on collection prospects through the demand stage, obtaining judgment and post-judgment execution. The technology we employ ensures that we can move with the necessary speed that our clients’ situations demand. Our Group has experience representing clients in all courts, including Small Claims, Supreme Court or even Federal Court. Clients have found our fee schedule is a preferable way to proceed in place of the traditional hourly rate that many lawyers employ. Our Group will also assess the possibility of contingency fee agreements.
Bankruptcy & Insolvency:
The RBS Insolvency Group has experience to quickly meet the needs of clients involved in bankruptcies, restructuring, and insolvencies. For our creditor clients, this means that our team will assess the situation from issuing the correct form of demands and statutory realization notices, assessing restructuring of debt and security, enforcing security and guarantees, appointing receivers, responding to debtor filings under reorganization statutes like the BIA and the CCAA, drafting forebearance agreements, and arranging for reinstatements in appropriate circumstances.
Our team also frequently represents insolvency professionals to assist in the recovery of assets, negotiations with other creditors, and the resolution of priority disputes. The RBS Insolvency Group has a long history of providing opinions to trustees and receivers on the validity of security and the more difficult questions of laws that arise in an insolvency proceeding.
Priorities - PPSA and other Security Agreements:
The members of the RBS Insolvency Group are among the most knowledgeable lawyers concerning priorities and PPSA enforcement. Members of our team regularly lecture to the legal community concerning PPSA and other priorities issues. Our team has been chosen to set up and lead the highly successful CLE seminars for lawyers on “Priorities” for the last decade. In the relatively short tenure of the PPSA in British Columbia, we have been consulted by the Province of British Columbia for the drafting of legislative amendments to the PPSA.
For assistance please contact one of our insolvency lawyers: