Working closely with our Restructuring Team, we advise insolvency practitioners as well as companies, directors, shareholders and creditors in relation to a range of contentious insolvency related matters. These include the following:
- advising on the duties of directors of insolvent and distressed companies
- pursuing and defending winding up and bankruptcy proceedings
- acting in injunctive proceedings to restrain insolvency proceedings
- acting in claims and potential claims against directors of insolvent companies
- acting in proceedings for the just and equitable winding up of companies pursuant to Section 122(1)(g) of the Insolvency Act 1986
- On behalf of the administrators of a group of companies, obtaining a series of proprietary and freezing orders against former directors and third-party companies, to prevent the disposal of land and other assets acquired by the third-party companies from the group companies. The land and assets were acquired at an undervalue, due to breaches of duty by group company directors.
- Representing a creditor in a Cayman Islands insolvency of a limited partnership involving an investigation conducted by the liquidators as to potential claims to be brought against those with conduct of the affairs of the limited partnership.
- Obtaining winding up and bankruptcy orders against numerous debtors.
- Advising the administrators of a company regarding a secured bank creditor’s claim concerning an alleged misrepresentation on a prior debt / equity conversion.
- Representing the ultimate stakeholder of a group of companies in his capacity as personal guarantor when facing demands and, ultimately, bankruptcy petitions from HMRC and other creditors.