SERVICES TO INSOLVENCY PRACTITIONERS AND TECHNICAL UPDATES

Mark Cullingford heads up the team which acts on the full range of insolvency work, and has particular expertise in  financial and professional services, IT, agriculture and construction sectors.

Listed below are some of the recent highlights the team has been engaged on.

Insolvency

Bankruptcy

• assisting a Court of Protection appointment Deputy in:
  • defending an application for a declaration as to the beneficial interest and possession and sale of freehold property registered in the sole name of the bankrupt where the Trustee’s interest is valued at c.600,000
  • addressing issues around the impact of mental incapacity on contractual liabilities and seeking to negotiate comprised sums with creditors
  • pursuing an annulment application
• assisting a Trustee in Bankruptcy in respect of various matters arising from the Bankruptcy Estate, including:
  • the determination of the Petitioning Creditor’s debt in the sum of c.£170,000 and claim lodged (which the bankrupt disputed)
  • the assessment and subsequent adjudication of a claim lodged by the Supporting Creditor and disputed by the bankrupt, and responding to the bankrupt’s application challenging the Trustee’s adjudication
  • assisting the Trustee in realising his interest in the bankrupt’s home with an estimated value of c.£450,000
• assisting a Trustee in Bankruptcy in respect of various matters arising from the Bankrupcty Estate, including:
  • securing an order suspending the Bankrupt’s discharge, within 1 week of the date of discharge, as a result of the Bankrupt’s lack of cooperation, failure to produce documents and provision of mis-information
  • assisting the Trustee in realising his interest in properties in the sum of c.£200,000, to include applications pursuant to Sections 339, 340 and 423
• assisting the former wife of a bankrupt who was facing claims from the Trustee in Bankrupcty for (i) the sum of c.£185,000 pursuant to Sections 339, 340 and 423 and (ii) an interest in property situated in Cyprus with a value of €200,000

Administration

• acting for a group in the acquisition of certain business and assets of a building renovation and restoration company (from various Administrators) with a turnover of c.£70m by an unconnected competitor
• assisting an international businessman on the inter-connected acquisition of (i) the beneficial interest in commercial property from a Trustee in Bankruptcy of a local business owner; (ii) negotiating an option to purchase associated interest of joint beneficial owner and (iii) investment and purchase of the business of the Bankrupt’s Company from a separate Administrator, in circumstances where the Bankrupt’s beneficial entitlement to the business was in dispute, and the Trustee had advanced proceedings for possession and sale of the land (disputed). The value of all three limbs totalled c.£1.5m
• advising the Administrator of a professional services practice in respect of its trading and the winding down of its affairs

Compulsory Liquidation

• advising the Liquidators of a limited company and an LLP (in conjunction with our financial services litigators) on the following claims which totalled £1.5m:
  • claims for mis-selling of IRHP, including claims for basic redress and consequential loss
  • the application of insolvency set off and appropriation of recoveries in circumstances where the respondent bank is also the beneficiary of fixed and floating charged security
  • advice on inter-related claims re the directors and their position as guarantors and having potential claims also

• advising a finance house in respect of claims totalling c.£250,000 arising from the invoice discounting  facility it offered to a company that entered liquidation including, allegations between directors and shareholders of fraud and forgery; allegations of ‘fresh air invoicing’ and fraudulent accounting; allegations of misconduct and conducting the management of a company whilst disqualified. These instructions included complex issues of the actual and ostensible authority of directors and enforcement and multiple proceedings

Creditors voluntary liquidation

• defending a claim pursued by Liquidators in respect of a series of loan repayments said to constitute voidable preferences caught by Section 239 in the sum of c.£600,000, which involved complex issues of solvency arising from interconnected group liabilities
• advising Liquidators (and litigation funders) on the structuring of finance for and advancing claims for malfeasance against a former Finance Director in the payment of false claims for expenses, falsifying accounting records, and other malfeasance including a claim for an account in the sum of £450,000, along with possible claims for freezing orders and claims against the directors’ wife for knowing receipt and tracing

Restructuring/Advisory

Individual

• advising a client creditor in a supply chain on its proposals to make an investment in its insolvent customer in the sum of c.£500,000, which included advice on negotiations for the restructuring of multiple stakeholder interests in intellectual property, supply contracts and equity investments followed by implementation of the proposed scheme

Corporate

• advice on the presentation of claims for relief under the IRHP scheme for RBS. Such claims are associated with a balance sheet solvent farming business which faced cash flow issues in the period to 2011 and multiple petitions from HMRC. The farming business which was placed into administration to restructure the business and advance an exit upon refinancing and advancing a renewables project and then a CVA. Advice on the conduct of investigation of claims and presentation including claims for consequential loss and complex issues of causation and loss to the value of c.£4.2m
• advising the Liquidators of a group of UK companies on the solvent and insolvent liquidations of the group companies
• advising a Liquidator in the demerger of a solvent tech business via a section 110 re-organisation
• advising the liquidator of a UK subsidiary on an international group on the novation of contractual liabilities with a value in excess of £15m
• completing on the acquisition of the business and assets of a multi-site company within 48-hour of acceptance of the offer

GLOSSARY

Personal Guarantee

Given by an individual that money borrowed and covenants entered into by the debtor to the creditor will be repaid and honoured by the guarantor to the creditor.

Statutory Demand

A formal notice requiring payment of a debt exceeding £750 within 21 days. Non-payment of a statutory demand is often used by creditors as the main evidence of a debtors’ insolvency, which is required to present a petition against the debtor.