Your client calls you and indicates that they have tirelessly attempted to collect a substantial debt owing to them. Emails, phone calls and letters demanding payment have not resulted in any collection. In these situations where the debt is owing, but payment hasn’t...
Bankruptcy trustee
Substituting a Bankruptcy Trustee – Creditors May Replace the Trustee of a Bankruptcy Estate
The Bankruptcy and Insolvency Act (Canada) (“Act”) at subsection 14 allows the creditor(s) of a bankrupt estate, whether it be in respect of a bankrupt individual or corporation, to substitute the Trustee chosen by the bankrupt for a Trustee of their choosing. This...
My Client’s Business Needs Protection from its Creditors … and it Needs it Now
Some businesses reach a point in their life cycle when they are saddled with debt and there simply is not enough cash to go around. Some of these businesses are able to generate enough cash to work with their creditors to get through the cash crunch. Unfortunately,...
Income Tax Act section 160 – Tax Liability Associated with Transfers to Related Parties
Generally speaking, individuals and corporations are able to sell or transfer their property to anyone without concern. However, there are times when a transferor cannot do whatever he or she would like to do with his or her property including, giving it away,...
Does a Proposal Filing Affect a Tax Debtor’s rights to object, appeal or request relief?
Tax lawyers and accountants know well that often times individuals and businesses are required to object, appeal or request relief in order to correct an error made by the Canada Revenue Agency (“CRA”) and/or to reduce interest and penalties which were assessed...
Bankruptcy and Insolvency Act Section 38 – Creditors Taking Matters Into Their Own Hands
For lawyers who do not practice regularity in bankruptcy and insolvency matters, with the next few email updates we hope to shed light on a few of the interesting provisions in the Bankruptcy and Insolvency Act (“BIA”) that are used quite regularly by the Insolvency...
CRA’s Collection Push is Here
The Canadian Revenue Agency (CRA) has made it clear that they plan to get much better at collecting outstanding tax debts over the next 5 years, which means Canadians who aren’t current or compliant with their tax payments need to be on notice. But with that said,...
Resolving Corporate Canada Revenue Agency Debts in the Era of COVID-19
Corporate insolvencies involving Canada Revenue Agency (“CRA”) debts have been increasing for several years. Up until the outbreak of COVID-19, CRA utilized their extraordinary investigation and collection powers with ever increasing vigour. Will the era of COVID-19...
When is Declaring Bankruptcy Necessary? | Trustee in Bankruptcy | Albert Gelman Inc.
Bankruptcy can be a good option when you have a serious amount of debt. If you have a limited income, have little to no equity in your assets and are struggling to pay your bills and pay down the debt, bankruptcy may be the best option for you. What are the Benefits...