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
- 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.