Michael Myers

Michael Myers

Founding PartnerPapazian | Heisey | MyersMortgage Enforcement and Debt Collection

Michael has extensive experience in the area of commercial law particularly as it relates to real estate and debt collection matters, which has resulted in retainers from financial institutions to recover various types of loans including commercial and residential mortgages in default, equipment loans and leases in default as well as loans obtained by fraud. Michael has also successfully dealt with OPCA litigants and other 'internet-based debt elimination' individuals (Freemen of the Land). Most recently, Michael has expanded his practice to collecting funds improperly diverted from creditors by bringing fraudulent conveyance and transfer at undervalue applications. Michael also acts for trustees in bankruptcy and represents creditors in Civil, Commercial and Bankruptcy Court.

Michael was called to the Ontario Bar in 1980 and practiced real estate based commercial law at a number of well-known firms including Goodmans and Gordon Traub prior to founding Papazian | Heisey | Myers in 2001.

Michael's current practise focuses on mortgage remedies, debt collection and contract enforcement – which combines the law of contract with commercial litigation strategy and uses the latter as a tool to assist in the settlement of debts (including mortgage debts) and real property and commercial contract disputes. Of particular interest to Michael over the last few years is his foray into the workings of Section 96 of the Bankruptcy and Insolvency Act and his successes for creditor clients in recovering substantial assets from recipients of Transfers at Undervalue (essentially, fraudulent conveyances prohibited by the BIA).

Michael has extensive experience in the area of commercial law particularly as it relates to real estate and debt collection matters, which has resulted in retainers from financial institutions to recover various types of loans including commercial and residential mortgages in default, equipment loans and leases in default as well as loans obtained by fraud. Michael has also successfully dealt with OPCA litigants and other 'internet-based debt elimination' individuals (Freemen of the Land). Most recently, Michael has expanded his practice to collecting funds improperly diverted from creditors by bringing fraudulent conveyance and transfer at undervalue applications. Michael also acts for trustees in bankruptcy and represents creditors in Civil, Commercial and Bankruptcy Court.

Education

  • Osgoode Hall, 1978

Bar Admission

  • Ontario, 1980

Experience

  • Responsible for residential mortgage remedies from Ontario to British Columbia for over a decade for a Canadian Schedule I Bank
  • Handled commercial mortgage remedies for a major Canadian insurance company for some 20 years
  • Currently represents a Canadian Schedule I Bank and private mortgagees handling mortgage remedies and debt collection
  • Currently represents Equipment financiers and private lenders in their secured and unsecured debt collection matters including fraud litigation .

Publications

  • Myers, Michael S. and Cho, Philip. (2009). Default Judgment – Common Risks and Pitfalls. The Six-Minute Debtor-Creditor and Insolvency Seminar October, 2009.
  • Myers, Michael S. and Papazian, Justin. (2010). Can a Mortgagee-in-Possession Get “Out of Possession”? The Six-Minute Debtor-Creditor and Insolvency Lawyer Seminar October, 2010.
  • Myers, Michael S. (2012). How to Advise Your Client: When Faced with a Repudiation. The Six-Minute Debtor-Creditor and Insolvency Lawyer Seminar October, 2012
  • Myers, Michael S. (2014). How Should a Creditor Respond to a Consumer Proposal? The Six-Minute Debtor-Creditor and Insolvency Lawyer Seminar October, 2014
  • Myers, Michael S. (2016), Debtor-Creditor: Tips for Helping Your Clients Get Paid in a Challenged Economy, The Six-Minute Business Lawyer Seminar June 2016
  • Myers, Michael S. (2016), What Do I Do When a Debtor files a “Freeman of the Land” Claim or Motion (Sub Nom: “Frivolous or Vexatious Claims and Motions – a Rule 2.1 Primer”)? The Six-Minute Debtor-Creditor and Insolvency Lawyer Seminar October, 2016
  • Myers, Michael S. (2017), Debtor-Creditor: Judicial Expansion of the Concept of Arm’s Length Transactions under the BIA, The Six-Minute Business Lawyer Seminar June 2017
  • Myers, Michael S. (2018), Transfers at Undervalue under Section 96 of the Bankruptcy and Insolvency Act – A Primer, The Six-Minute Debtor-Creditor and Insolvency Lawyer Seminar October, 2018
  • Myers, Michael S. and Krygier-Baum, Michael (2019) A Tale of Two Statutes: Balancing the Interests of Spouses and other Creditors at the Crossroads of the Family Law Act and the Bankruptcy and Insolvency Act - A Zero Sum Game? 2019 Annual Review of Insolvency Law

Associations

  • Co-chair of LSO’s 6 Minute Debtor-Creditor & Insolvency Lawyer Seminars since 2010