Our specialist Insolvency Disputes Team advises on both the risks and consequences of insolvency.
This includes: planning against the risks of a formal insolvency process; advising a debtor (or directors, in the case of a corporate debtor) on insolvency and the alternative processes and options available.
Further information about corporate debtors is available on our Considerations for directors of companies facing financial difficulty page.
In the case of individual debtors, we also act for Insolvency Practitioners, creditors, debtors, their family and associates, our experience and perspective means we can provide you with comprehensive advice and assistance. Our bespoke, strategic approach ensures you receive guidance that is pragmatic, legally sound and appropriate for your circumstances, making clear to you the risks and benefits of each action.
For individuals being asked to provide comfort, whether by providing a personal guarantee, indemnity or otherwise to third parties, we can advise you on the risks you face and how to limit those risks.
We also provide individuals with general advice on insolvency risk in commercial and personal planning.
For individuals facing financial difficulty and/or claims by creditors, we advise on the options available to the individual debtor – including settlement of debts by individual agreements, voluntary arrangements, bankruptcy, annulment of bankruptcy, and bankruptcy restriction orders. We also advise and assist individuals in defending statutory demands, petitions and issues related to claims brought by Insolvency Practitioners.
There are many claims an Insolvency Practitioner may bring, whether arising from the failure of a company, or from the bankruptcy of an individual. You can find further information about those claims and the services we provide on our dedicated Insolvency Disputes page.
Receiving effective advice and assistance is crucial in mitigating loss to an individual debtor. In order to benefit most, and to best serve your current position and future plans, it is best to seek advice as soon as possible. Early engagement often provides more options for the individual debtor to pursue, and leads to less cost being incurred.
For further information regarding our services, please contact the Insolvency Disputes Team.