We have considerable experience in advising on all aspects of insolvency litigation, including acting for insolvency practitioners, companies, individuals and directors.
Insolvency is when businesses or individuals are unable to repay their debts. It can be a complicated process that involves varied areas of law such as employment, tax, property, family and more.
As specialists, we can advise on the full range of contentious insolvency matters. Our services include:
Acting for Individuals
We can advise and act for you in relation to:
- Steps to be taken to avoid Bankruptcy
- Applying to set aside a Statutory Demand
- Opposing a Bankruptcy Petition
- Negotiating settlement of claims, thus avoiding Bankruptcy
- Steps to be taken if you have incorrectly been adjudged Bankrupt, including an annulment.
- Dealing with the Official Receiver or Trustee in Bankruptcy
- Seeking permission to act as a company director whilst Bankrupt
- Protecting the interest of related parties in the matrimonial home or other properties
- Recovering monies due to you from a debtor through the bankruptcy procedure
Acting for Companies
We can advise you and act for you in relation to:
- Steps to be taken to avoid Liquidation/Administration/Receivership of your company
- Applying to injunct the presentation or advertisement of a Winding-up Petition
- Opposing a Winding-up Petition
- Cancelling a Winding-up Order
- Dealings with the Official Receiver or Liquidator including defending claims against you for fraudulent or wrongful trading or having preferred creditors
- Defending an action to disqualify you as a Director
- Personal liability as a guarantor of the company’s debts or other obligations
- Recovery of monies from a corporate debtor through the corporate insolvency procedure
- Restoration of a company to the register for the purpose of a claim against it, or recovery of your own monies, for example in a bank account where your company has been “struck off.”
Acting for Insolvency Practitioners
We can advise you and act for you in relation to:
- Recovery of real property and other assets from Bankrupts, associated parties and third parties, under sections 339,340 and 423 Insolvency Act 1986
- Actions against directors and shadow directors pursuant to Sections 212.213,214 and 423 Insolvency Act 1986
- Actions against director and third-party guarantors under personal guarantees
- Applications to annul Bankruptcy Orders or cancel Winding-up Orders
- Claims in respect of the administration of Insolvent companies/individuals
- General claims and matters in the course of the administration of a Bankruptcy/Liquidation/Administration etc.
