Insolvency

Legal Dispute Resolution

The insolvency of a company can manifest itself in a number of ways, whether it be liquidation, administration or a Creditors Voluntary Arrangement (CVA). Bankruptcy is the ultimate civil sanction on an individual’s financial status.

On Behalf of Creditors and Insolvency Practitioners

In these uncertain times business protection is more important than ever. Businesses must keep on top of their finances and ensure that they are not unduly lenient to their debtors.

We act for creditors seeking to make debtors insolvent. Our Litigation team have great experience of winding up debtor companies in the court and making individuals bankrupt.

We carry out such for corporate entities and insolvency practitioners. We will advise you of when it is appropriate to consider bringing insolvency proceedings, along with the likely costs of such.

When acting for creditors, it is important to think creatively and fully explore all the possible enforcement options available and also to think about what other remedies may be available such as retention of title clauses and applications to set aside transactions.

On Behalf of Debtors

We defend companies and individuals being pursued through the insolvency courts, where it is inappropriate for the creditor to do so. The insolvency process should not be used where the sum pursued is disputed.

The advertisement of a winding up petition can lead to the collapse of a company, if its lenders and other creditors become aware of the pending petition. Accordingly, quick and appropriate action needs to be taken in response to the threat of a petition to be brought by a creditor.

Following the collapse of a company, proceedings may be brought by the Crown to disqualify a director. We have experience of defending such proceedings and compromising them on favourable terms where possible.

Where an individual has paid all its debts during the course of a bankruptcy, it can apply to court to have the bankruptcy annulled. We are experienced in making such applications to the courts. We work with insolvency practitioners when seeking to place a company into administration.

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