Our insolvency solicitors act for lenders, borrowers, insolvency practitioners and company directors on a wide range of business recovery, turnaround and insolvency matters.
- acting for and advising administrators, administrative receivers and liquidators and advising on Law of Property Act receiverships
- company voluntary arrangements (CVAs)
- collection and protection of assets including wrongful/fraudulent trading actions, transactions at an under-value and preferences
- security, priority and inter-creditor arrangements, debt collection and reservation of title claims
- banking and security advice
- restructuring, debt/equity swaps and re-constructions, directors’ duties and directors’ disqualification issues
- issuing and defending statutory demands and bankruptcy petitions to include advising and preparing applications for suspension of discharge from bankruptcy
- Income Payment Agreements (IPAs) and applications to court to obtain Income Payment Orders (IPOs)
- antecedent transactions (transaction at an undervalue and preference claims)
- recovery of book debts due to individuals (including members of a partnership) subject to a bankruptcy order and book debts due to companies or partnerships against which a winding up order has been made
- principles of equity of exoneration and equitable accounting claims
- possession and sale applications and recovery of assets, including assets outside of the jurisdiction.
Under insolvency legislation, there is a presumption that the interests of a bankrupt’s creditors take precedence over all other factors unless the circumstances are exceptional.Read more
Litigation is expensive. In the absence of very deep pockets, or litigation insurance, there is always the possibility of directors becoming personally liable for a company’s litigation costs if the company loses the action.Read more
During the last four years or so, the law governing access to a bankrupt’s pension by Trustees in Bankruptcy (‘Trustee’) has been cast into uncertainty by two contradictory court rulings.Read more