Corporate Insolvency
We are experienced in a wide range of corporate insolvency matters for insolvency practitioners, creditors, directors and companies, including CVAs, Administrations, and liquidations. Matters have involved defended petitions, asset realisation, lease forfeiture and disclaimer, fraudulent and wrongful trading, director's disqualification, breach of directors’ duties, asset disposal, retention of title, and commercial recovery.
Cases include:
- Acting for a liquidator in relation to a disputed unpaid vendor’s lien and subrogatory rights concerning commercial property.
- Assigning a cause of action for the benefit of the liquidation.
- Opposing an application by a director and shareholder for the rescission of a winding up order.
- The pursuit of directors for breaches of fiduciary duties including; wrongful distributions and misappropriation of Company assets.
- Pursuing an international pharmaceutical company by way of subrogatory rights arising in a Members’ Voluntary Liquidation.
Individual Insolvency
We are experienced in a wide range of personal insolvency matters for insolvency practitioners, creditors, individuals and businesses, including Individual Voluntary Arrangements and bankruptcies. Matters include disputes relating to defended petitions, asset realisation, preference and sale at an undervalue, discharge, income payments orders, detailed examination and analysis of a debtor's circumstances, lease forfeiture and disclaimer.
Cases include:
- Acted for the Trustee in bankruptcy in securing a declaration and consequential orders in relation to substantial freehold land let at an undervalue.
- Payment by a third party of monies due to the bankrupt as at the date of the bankruptcy in respect of the balance of a business sale (wrongly paid post-bankruptcy to the bankrupt)
- Recovering for the Trustee in bankruptcy a substantial proportion of the proceeds of damages payable to the bankrupt in respect of a fatal accident.
- Establishing the priority of the beneficial interest of the bankruptcy estate in a property that a third party claimed a pre-emptive option to purchase.
- Advising the supervisor of a high value Individual Involuntary Arrangement in relation to claims arising from continuing litigation against the debtor and a co-defendant.