Insolvency & Restructuring
Our insolvency solicitors work collaboratively for the benefit of clients, providing commercial solutions and proactively tailoring advice that can address all the different legal elements of insolvency related matters, helping to achieve the best possible outcome.
Our expert insolvency team includes dual qualified legal and insolvency practitioners with Higher Rights of Audience who can advise on both technical insolvency issues and non-contentious insolvency matters, including business sales and who can conduct hearings in the Higher Courts.
We advise on:
- Pre-Insolvency
- Insolvency
- Insolvency Litigation
Pre-Insolvency
Our team assists financially distressed businesses and individuals at the pre-insolvency stage by recommending the best insolvency, restructuring and reorganisation options they face and help our clients to find the best commercial solution available. Our team also advises directors on their obligations and duties in order to reduce the risk of them incurring personal liabilities, debt recovery and negotiating with creditors as well as other affected parties on the nature and effect of insolvency.
Insolvency
We draw on the experience of our corporate and commercial, commercial property and employment teams to provide complete and seamless advice to insolvency practitioners and other stakeholders, including in the following areas:
- Disposals of assets by insolvent companies, including pre-packaged sales
- Acquisitions of assets from insolvent companies
- Disposals of distressed properties
- Drafting documentation in relation to insolvency appointments and processes and advising insolvency practitioners on their conduct and other issues
- Advising on employment issues in an insolvency context, including on TUPE and redundancy advice
- Reviewing contracts
- Protecting assets if a family member is insolvent
Insolvency Litigation
We have extensive experience of dispute resolution in relation to insolvent and financially distressed companies as well as individuals.
This includes debt recovery and general dispute resolution, such as contract and negligence actions, but also the following specialist areas:
- Claims against directors for antecedent transactions, such as preferences and transactions at an undervalue, misfeasance, wrongful and fraudulent trading
- Advising directors on claims and disqualification proceedings
- Asset recovery, including freezing and seizure orders
- Book debt recovery
- Advising landlords if a tenant becomes insolvent
- Retention of title claims and enforcing security
- Restoring companies to the register to allow assets to be realised
- Statutory demands – service and dealing with applications to set aside
- Presenting and defending winding-up and bankruptcy petitions
We appreciate that funding can often be an obstacle to pursuing claims in insolvency situations and in appropriate cases we will therefore consider whether services can be undertaken on a contingent basis with no upfront cost to you. In all cases, we will offer detailed costs advice at the outset and can in many cases act on a fixed fee-basis.
Whatever the issues to be dealt with, we offer clear, practical advice and from an early stage set out a road map to make it possible for clients to achieve their objectives in the most effective and efficient way possible.
To speak to our insolvency specialists please call us on 01772 258321 or make an enquiry below to see how we can assist you and your business.
Meet our Insolvency team
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