Insolvency Disputes

Corporate Insolvency imposes strict duties on company directors and the statutory framework provides for severe consequences to officers responsible for compliance with insolvency laws. Recent changes to the law have imposed stronger burdens of responsibility on directors and other officers of insolvent companies.

Recent and current cases include

  • Advising a company on the potential consequences of trading whilst insolvent and wrongful trading.
  • Acting for a company to recover papers from a firm of solicitors which had been instructed by a former liquidator of the company and obtaining an urgent injunction against the firm in question.
  • Advising the insolvency practitioner regulator on debt collection in relation to fraudulent practitioners.
  • Restoration of a company which had been struck off the register to allow the recovery and onward transfer of assets which would have been lost due to the dissolution of the company.
  • Acting for an underwriters’ agent pursuing the recovery of funds from insolvency practitioners paid to third parties pursuant to fidelity bonds.
  • Acting for the court-appointed receiver of a failed restaurant business owned by two litigating partners.

Our experience

  • Issuing and setting aside statutory demands and winding up petitions
  • Appointment of administrators, administrative receivers, receivers and liquidators
  • Setting aside transactions at an undervalue, fraudulent transactions and payments to preferential creditors and third parties
  • Fraudulent and wrongful trading
  • Security and priority disputes
  • Unsecured lenders, mortgages and fixed and floating charges
  • Liens and retention of title clauses
  • Distribution of assets to creditors and recovery of assets
  • Administrative receivership and compulsory liquidation
  • Informal Voluntary Arrangements (IVA)
  • Company Voluntary Arrangements (CVA)
  • Company administration and winding up
  • Administrative receivership and compulsory liquidation
  • Directors’ duties
  • Personal liability of directors
  • Director disqualifications
  • Regulatory investigations