Insolvency
We have acted in a number of important insolvency cases for both individual and corporate clients.
We advise insolvency practitioners, directors of insolvent companies, insolvent individuals, partners of insolvent partnerships and executors of insolvent estates regarding the various insolvency regimes. These include:
- Liquidation/Winding up
- Administration
- Administrative Receivership
- Company Voluntary Arrangements
- Individual Voluntary Arrangements
- Bankruptcy
Likewise and increasingly in the current climate, we have regularly assisted creditors of insolvent entities ensuring that they maximise their recovery with the minimum of cost.
We take and defend proceedings concerning Insolvency Act transgressions and can advise you regarding asset tracing and retention of title clauses. We can work for individuals and companies on a conditional fee basis.
We can advise you on an assignment of a cause of action to enable a valid claim to proceed notwithstanding an intervening bankruptcy/winding up. We will warn you of the pitfalls in this complicated area, ensuring creditors are dealt with equitably and in order of statutory priority.
Specific matters include:
- Unfair Prejudice
- Transactions at an undervalue
- Transactions defrauding creditors
- Preferences
- Extortionate credit transactions
- Fraudulent Trading
- Wrongful Trading
- Misfeasance
- Disclaimer/Rescission of contracts
- Prohibited names
- Disqualification of directors
- Annulment of Bankruptcy
- Partnerships and insolvency
- Leases and insolvency
Contact: Roger Millman and Ben Pilbrow