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Tom Cumming is a partner and member of the Financial Services and Restructuring & Insolvency Groups in the Gowlings' Calgary office. He is also the chairman of the Firm’s opinion committee.
He represents both lending institutions and borrowers in sophisticated oil and gas financings, financings involving income trusts and real estate investment trusts, multi-jurisdictional financings, and project financings.
In the Restructuring & Insolvency Group, Tom acts for a broad range of clients including financial institutions, borrowers, receivers, trustees in bankruptcy, monitors, directors and trade creditors. He has extensive experience in reorganization and restructuring proceedings pursuant to the Companies' Creditors Arrangement Act, the Bankruptcy and Insolvency Act and the Winding-Up and Restructuring Act; and in receivership, bankruptcy, winding-up and other types of insolvency proceedings.
Tom provides legal and public policy advice to governments and interest groups on legislation relating to insolvency and the regulation of financial institutions.
Recent retainers include the financing of the development of a large gas production facility in India and the financing of the construction and operation of significant infrastructure projects.
As the principal foreign legal adviser to the Federal Service on Bankruptcy and Financial Rehabilitation, he was involved in the reform of Russian Federation bankruptcy legislation. Tom also led the team preparing a model law on the restructuring and liquidation of insolvent banks for the Inter-Parliamentary Assembly of the Commonwealth of Independent States.
Tom has written a number of papers on issues such as taking security in intellectual property, protecting the rights of secured creditors in intellectual property during insolvency proceedings, the trust claims of depositors against insolvent trust companies, the liabilities of trustees in bankruptcy to creditors, conflict of law problems in reorganizations of multi-jurisdictional companies and the Russian bankruptcy legislation.
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