BANKRUPTCY & INSOLVENCY MATTERS
We advise both individuals and companies on various issues that can arise where a debt is owed or financial difficulties arise during the course of trading. We have expertise in advising and assist in connection with the following:-
- Preparing and defending Statutory Demand
- Winding up Petitions
- Bankruptcy Petition
- Liquidations and Administrations
- Proof of Debt or Proxy forms from an Insolvency Practitioner or dealings with the Trustee in Bankruptcy.
We consider it important to act proportionately, as we do not want clients throwing “good money after bad”.
We can assist in commercial disputes from collection of debts through to injunctions, ranging from high value and complex claims to usual modest matters, as we aim to help you recover the money owed to you.
We have particular expertise in contractual debt claims along with secondary security actions and are able to assist large corporates or indeed individuals facing such disputes. We have the commercial aptitude to ensure any dispute is dealt with cost effectively always maintaining clear transparency on costs and this is achieved through the recognition of keeping the client aware of every step and the associated costs.
We have experience in mediations and alternative dispute resolution schemes to ensure the right result is met for the client at all times.
We also offer services to creditors which enable them to monitor any bad debts.
As a creditor you may need advice to find the best way to approach a bad debt or a debtor who has financial issues. We can assist and advise on the best course of action. This may include:-
- Issuing a statutory demand
- Bankruptcy petition
- Winding up petition
We can advise creditors when a debtor has become insolvent and is subject to or about to be subject to an insolvency process. We provide advice on how the debt can be recovered by ensuring that the insolvency practitioner is able to recover all the assets available to him.
In order to properly advise about Insolvency matters, one needs to understand what options are available to those who cannot pay their debts and/or owe money to their Creditor. We help you understand all the relevant considerations and set your objectives, so you can make an informed decision. We cater our services to meet your needs, so we aim to provide accessible and affordable high quality legal services to all our clientele.
Creditors will receive practical advice about their prospects of receiving the money due to them, we therefore offer commercial advice, so the can assess the realistic chances of recovery the money due to them. Debtors who own a property jointly can be complex, as usually the debt can only be attached to the debtor’s share.
In order to do this, one needs to decide whether it is viable to proceed and this initially done by assessing the debtors’ assets. If the debtor does not have any assets, then there is less chance of recovering your debt. One of the options open to debtors is for them to apply for a debt relief order. They may be able to apply for a debt relief order, if their debts, income and property below a certain amount, as this is a cheaper alternative to bankruptcy.
Creditors must act in a prudent way, as for some debtors without assets, it may be beneficial for creditors to make the debtor bankrupt, as this allows them to make a fresh start after a year. The debtor will have the money he owes written off and creditors must stop most court action to recover their debt.
One the other hand, debtors who have assets to discharge their liability are aware that bankruptcy places serious restrictions on the property and activities on a bankrupt. Failure to comply with the insolvency rules can lead to adverse action being taken against debtors. For a creditor to make you bankrupt, the debtor must owe at least £5,000 as an Individual (as opposed £750 for a company).
The threat and consequences of bankruptcy are serious and the situation can be very worrying.
The disadvantages to the debtor, an idea are that:-
If their income is high enough, they can be made to make payments towards their debts for 3 years;
They will find it more difficult to take out credit and their credit rating will be affected for 6 years;
If they own a property, it might have to be sold;
- Some possessions may be sold, for example, your car and any luxury items;
- If the right age their pension savings may be taken;
- Some professions do not allow bankrupts to carry on working;
- If they own a business it might be closed down and the assets sold;
- A bankruptcy may affect their immigration status; and
- The bankruptcy is usually published publicly.
For creditors the failure of someone to pay their debts to is of great concern and often has a financial effect, so we explain:-
- What steps you can take in recovery of a debt
- How to make someone bankrupt
- What happens to the money owed to you
- What steps a trustee in bankruptcy may be able to take
We try to focus on the recover money and what assets are available to pay off the bankrupt’s debt. The law provides a framework for this process, so that is largely out of our hands. Information relating to the rules and procedures of the law of bankruptcy as it affects people owed money by people in financial difficulty are contained throughout the site.
We can assist insolvency practitioners in claims such as:-
- Undervalue claims
- Disposition of property
- Directors’ disqualification proceedings
- Wrongful/fraudulent trading
- Misfeasance claims
Cases can involve a high level of investigation, prior to the commenced of any matter, so we work with our clients to assist in such investigations. We do our best to finish matters, as quickly and efficiently as possible, where there is a commercially viable case.
We can advise and assist in placing a company into Administration for directors or creditors. We also advise on all aspects relating to:-
- Company Voluntary Arrangements (CVA)
- Creditors Voluntary Liquidations
- Compulsory Liquidations
- Members Liquidations
- LPA Receiverships
Our firm and specialists barristers and consultants work as a team with directors or other parties when faced with such issues. We offer guidance, assistance and support to find the best form of settlement or determine whether the claim made by the Insolvency Practitioner is defendable.
Contact the team today!