“Be cautious with government officials for they only befriend you in their own interest; they act like friends when it suits them, but do not stand up for you when you need them.”1
Insolvency trustees are officials of the bankruptcy court. They are, in effect, like government officials. They are forbidden by law against favouring the interests of a debtor over that of his or her creditors. “The trustee has a dual role: The trustee is a representative of both the debtor and the creditors. In short, the trustee in bankruptcy acts in a conflict of interest situation.” (Bennett on Bankruptcy 12th edition, pages 68 and 69) But it gets even worse. The more money that the insolvency trustee collects for the creditor, say Revenue Canada, the more he or she gets paid. A final danger is that, once you sign up with a trustee, you cannot back out.
As tax lawyers, we do not have any conflict of interest and always work for the benefit of our tax debtor clients. Before visiting an insolvency trustee, we engage in planning to ascertain if the financial obligations of debtors can be legally compromised or restructured in order to avoid bankruptcy. Part of our tax debt resolution team consists of a retired trustee who is no longer an official of the Bankruptcy Court and brings over 40 years of his experience to the planning sessions which, together with our 50 plus years of tax debt resolution experience, gives you the best possible plan. Only once you, the client, are satisfied with the strategy is the insolvency trustee who is to act engaged and instructed. Thereafter, we follow you through the process and are there for you when required to protect you to the maximum allowed by law.
By Brigitte DioGuardi, B.A., LL.B. and Paul DioGuardi, Q.C.
1 Ninth Tractate Avot (Wisdom of the Fathers) The Talmud
“Be cautious with government officials for they only befriend you in their own interest; they act like friends when it suits them, but do not stand up for you when you need them.”1
Insolvency trustees are officials of the bankruptcy court. They are, in effect, like government officials. They are forbidden by law against favouring the interests of a debtor over that of his or her creditors. “The trustee has a dual role: The trustee is a representative of both the debtor and the creditors. In short, the trustee in bankruptcy acts in a conflict of interest situation.” (Bennett on Bankruptcy 12th edition, pages 68 and 69) But it gets even worse. The more money that the insolvency trustee collects for the creditor, say Revenue Canada, the more he or she gets paid. A final danger is that, once you sign up with a trustee, you cannot back out.
As tax lawyers, we do not have any conflict of interest and always work for the benefit of our tax debtor clients. Before visiting an insolvency trustee, we engage in planning to ascertain if the financial obligations of debtors can be legally compromised or restructured in order to avoid bankruptcy. Part of our tax debt resolution team consists of a retired trustee who is no longer an official of the Bankruptcy Court and brings over 40 years of his experience to the planning sessions which, together with our 50 plus years of tax debt resolution experience, gives you the best possible plan. Only once you, the client, are satisfied with the strategy is the insolvency trustee who is to act engaged and instructed. Thereafter, we follow you through the process and are there for you when required to protect you to the maximum allowed by law.
By Brigitte DioGuardi, B.A., LL.B. and Paul DioGuardi, Q.C.
1 Ninth Tractate Avot (Wisdom of the Fathers) The Talmud
Tax Law
DioGuardi offers solutions for tax problems such as:
Unreported income
Unfiled tax returns
Payment arrangements
Unpayable tax debt
Tax dispute litigation
Criminal tax defense
Wills, Estates & Trusts
DioGuardi Law offers these will, estate and trust services for individuals and business-owners:
Wills
Preparation of trust agreements
Powers of attorney
Estate administration
Probate
Representation in estate driven litigation
Real Estate
DioGuardi Law can assist you with all your real estate needs including:
Newly constructed/Resale
Purchases and Sales
Title transfers
Leases
Private mortgages
Refinancing
Condominiums
Vacant land
Tax Debt Relief
When your tax balance is too large to be affordable, DioGuardi Law can protect your home, your cash flow and your financial assets from the Taxman. It is essential that we begin planning a strategy before the CRA registers a lien against your properties or seizes financial accounts, and before you engage with an insolvency trustee.
Business & Tax Planning
DioGuardi Law has the experience to provide:
Resident and non-resident corporate restructuring
Optimum use of holding corporations
Continuity and succession planning
Tax-free transfers
Losses and ABIL planning
Making interest tax deductible
Small business planning
Corporate & Commercial Law
DioGuardi Law have represented business clients for the last 50 plus years and have supported their legal requirements on an on-going basis by offering the following services:
Incorporations and corporate governance
Corporate reorganizations and transactions for the directors and shareholders
Negotiation and drafting of agreements, professional corporations, minute book maintenance
Brigitte DioGuardi
B.A., LL.B
Brigitte obtained her Law Degree from the University of Sheffield in the United Kingdom. Upon her return, she qualified for the Bar and was called to the Law Society of Ontario (formerly the Law Society of Upper Canada) in 2002. She was also a member of the Bar of British Columbia and headed up the Vancouver office of DioGuardi Tax Law. Fluently bilingual in English and French, Brigitte has broad experience in the areas of:
Joyce Bruno has worked as executive legal assistant to Paul Dioguardi for 35 years and continues to offer her expertise and experience to the Dioguardi Law firm. Joyce’s role has evolved over the years and has acquired and developed many skills. She is an invaluable asset in case management and ensures the smooth running of our office.
Paul DioGuardi
B.A., LL.B, KING’S COUNSEL, SENIOR COUNSEL
Paul obtained his Law Degree from Queen’s University in 1964. He is a member of the Bars of Ontario, British Columbia and the Turks and Caicos Islands, a British tax free territory in the West Indies. He has over 50 years of experience and was trained at the Ottawa head offices of Revenue Canada and the Tax Litigation Section at the Department of Justice. Paul has had and continues with an extensive career in various areas of law such as:
