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Insolvency & recoveries

We have extensive experience of advising in relation to both personal insolvency (bankruptcy) and corporate insolvency (principally administration/liquidation).

We regularly advise and represent companies, directors and individuals who are in financial difficulties, including in relation to:

  • Statutory demands
  • Winding up and bankruptcy petitions
  • Transactions at an undervalue
  • Preferences
  • Wrongful Trading
  • Fraudulent Trading
  • Avoidable dispositions
  • Claims against directors for misfeasance or breach of fiduciary duty
  • Illegal dividends
  • Directors loan accounts
  • Personal guarantees
  • Debt recovery

The experience of our Partners in this area includes:

  • Advising directors on claims brought by a liquidator alleging preferential payments, transactions at an undervalue and breach of fiduciary duty.
  • Advising landlords on personal guarantees following the bankruptcy of a tenant.
  • Advising directors regarding liability on their director’s loan account.
  • Regularly advising on the use and abuse of statutory demands and winding up petitions.
  • Advising on the conflict between the insolvency legislation and the “pay now litigate later” regime for construction disputes.
  • Acting for investment funds in fee disputes with administrators following appointment under a debenture.

Please contact us for more information.