KLOTZ ASSOCIATES

Barristers & Solicitors
121 Richmond St. West, Suite 405
Toronto, Canada M5H 2K1
Phone: (416) 360-4500
Fax: (416) 360-4501

BANKRUPTCY AND INSOLVENCY PAGE


We represent all facets of the credit industry and business community in bankruptcy and insolvency matters. These include:

  • Advising and representing secured and unsecured creditors in insolvency proceedings
  • Advising and representing receivers and bankruptcy trustees
  • Representation of unpaid suppliers, and advising on repossession claims
  • Insolvency litigation at all levels of court
  • Assisting business clients to address a personal credit crisis or business failure, through out-of-court negotiations or reorganization proceedings
  • Advising family lawyers and general practitioners in insolvency matters affecting their clients
  • Representing and advising individuals regarding the effect of bankruptcy on matrimonial litigation or spousal rights
  • Advising business clients on protective measures against future business failure
  • Enforcement and defence of guarantees
  • Enforcement of security
  • Representation of bankrupt individuals
  • Representation of U.S. Chapter 11 debtors in Canada
  • Advising foreign creditors regarding Canadian insolvency proceedings
  • Advising clients and foreign counsel of recent or pending legislative changes which may affect them

    Robert Klotz of our firm has participated actively in recent revisions to the Bankruptcy and Insolvency Act. He is an appointed member of the Federal Task Force on Personal Insolvency (view or download the Task Force's Final Report) and the past editor of the National Creditor-Debtor Review. He has authored two texts on insolvency subjects, and is a frequent author and speaker on insolvency matters both in Canada and abroad. He is a past Chair of the Canadian Bar Association's National Insolvency Section, a Past Chair of the Ontario Bar Association's Insolvency Section, and the past President of the International Bankruptcy Commission of the Union Internationale des Avocats (International Union of Lawyers). In addition to frequent Bankruptcy Court appearances in Canada, he has been appointed as Canadian counsel on numerous occasions by the U.S. Bankruptcy Court.

    Robert Klotz's testimony before the Senate Standing Committee on Banking, Trade and Commerce, February 2008, regarding personal insolvency reform (RRSP exemption, undervalued transactions and preferences, surplus income, and discharge of student loans).

    Robert Klotz's testimony before the House of Commons Standing Committee on Industry, Natural Resources, Science and Technology, given on November 17, 2005 on behalf of the Canadian Bar Association regarding the personal insolvency aspects of Bill C-55, the insolvency reform bill.

    Robert Klotz's Submission to the Senate Standing Committee on Banking, Trade and Commerce, submitted in August, 2003. The Submission proposed five amendments to the Bankruptcy and Insolvency Act in the subject area of bankruptcy and family law: integrity of support enforcement after bankruptcy; integrity of support enforcement during bankruptcy; bankruptcy being used to frustrate pension division; trustee's right to sue for matrimonial property division; and malicious or fraudulent dissipation or concealment of property. The Senate Committee's report, Review of the Bankruptcy and Insolvency Act and the CCRA, released November 5, 2003, has adopted all five proposals (at pp. 112-116 of the PDF file, pp. 82 - 86 of the print version).

    Robert Klotz's testimony to the Senate Standing Committee on Banking, Trade and Commerce, given on June 4, 2003, regarding personal insolvency reform (discharge of student loans, RRSP exemption, international insolvency, reaffirmation).

    An excerpt from Robert Klotz's speech to the Quebec association of bankruptcy trustees, given on June 24 2001 in Montreal, on the subject of the interaction between bankruptcy and family law.

    Robert Klotz's testimony to the Senate Standing Committee on National Finance, given on June 11, 1998, regarding Bill C-36 (bankruptcy amendment re ten year non-dischargeability of student loans).

    Robert Klotz's testimony to the Senate Committee on Banking and Finance, given on December 2, 1996 regarding Canada's 1997 bankruptcy reforms.

    Robert Klotz's letter to Senator Michael Kirby, Chair of the Senate Committee on Banking and Finance, dated November 26, 1996 regarding the new support enforcement remedy in Canada's 1997 bankruptcy reforms.

    Robert Klotz's testimony to the House of Commons Standing Committee on Industry, Science and Technology, given on September 17, 1996, regarding the 1997 bankruptcy reforms.

    Profile of Robert Klotz

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