Corporate Insolvency

Our experienced corporate insolvency lawyers act for companies and directors facing insolvency and proceedings by creditors or insolvency claims by liquidators.

Any issues and circumstances relating to corporate insolvency can seem both complex and overwhelming, working with a specialist insolvency lawyer makes the process easier and increases the prospects of a more favourable outcome to any business.

Our team can assist at all stages of a corporate insolvency matter, whether it be prior to proceedings being commenced e.g. a Statutory Demand or a Letter of Claim has been received, following a Winding Up Petition being presented at Court, or following a Winding Up Order being obtained.

We are able to provide expert advice and assistance in regard to the full range of corporate insolvency disputes. Below are a few examples of the areas our team have experience in:

• Advising businesses at the outset of corporate insolvency proceedings, to devise a tailored strategy going forward.
• Acting on behalf of companies and it’s directors in respect of claims brought by Insolvency Practitioners, Official Receiver or Liquidators that have arisen from the insolvency. There are many actions that can be taken against directors personally. Claims include wrongful trading, misfeasance (breach of duty) including negligence, unlawful dividends, preferences and transactions at an undervalue.
• Advising companies that have received a Statutory Demand or some form of notice of intended insolvency proceedings, which can result in taking steps to issue Injunction proceedings to prevent presentation of the winding up petition or advertisement of same, or taking steps to negotiate a settlement to avoid Court.
• Defending Winding Up Petitions presented at Court by creditors.
• Advising the company and it’s directors on the insolvency options available, in situations when it is more beneficial or necessary to take proactive voluntary insolvency steps. These may include Company Voluntary Arrangements (CVAs) or Members Voluntary Arrangements (MVAs) or Administration. Often, such vehicles are much more beneficial for a company and it’s directors than allowing the company to be compulsorily wound up by creditors.
• Advising companies and directors on any claims, counterclaims or set off claims they may have.
• Advising directors in respect of director disqualification proceedings under the Company Director Disqualification Act 1986.
• Advising Insolvency Practitioners, creditors and Liquidators in respect of claims that they may have against an insolvent company or directors.
• Advising struggling companies on their duties, responsibilities, liabilities and risks presented by insolvency. Taking timely advice can avoid serious issues later on. We have published a short article on our website that highlights some of the risks that struggling companies face in this regard.
• Acting on behalf of companies and creditors wishing to purchase assets, goodwill and trading names from insolvent companies and, where necessary, creating new companies to from which to trade.

Our expert corporate insolvency lawyers act closely with specialist Barristers, Tax Advisors and Accountants to ensure that you have the best chances of achieving a successful outcome.

We understand how devastating insolvency issues can be to a company and our corporate insolvency lawyers look to act as quickly and effectively as possible so to limit the damage to a company and its directors.

Get in touch with a specialist member of our team today or give us a call on 01202 525333 for more information.