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The Insolvency Disputes Team has considerable experience advising on transactions that, once a debtor enters into an insolvency process, may become vulnerable and subject to challenge by an Insolvency Practitioner.

Dispute resolution

For debts and claims which are the subject of a commercial dispute, we will introduce you to our Dispute Resolution Team, who will advise and assist you efficiently and cost-effectively to resolve the dispute.

Recovery of debts, including pursuing insolvency options

Where a debt is not disputed, we can advise you on range of enforcement options available, and assist you with advancing the option the best serves your goal. You options may include:

  • advancing a statutory demand
  • presenting a petition (bankruptcy for individual debtors and winding-up partnerships for corporate debtors)
  • placing the partnership or company into Administration
  • enforcing security
  • agreeing terms of repayment/refinance and/or security

Claims when the debtor is already in an insolvency process

In the event the debtor proposes and/or is placed into an insolvency process, we can advise you further on the options available to best achieve your goal, and guide you through the process – which is typically to maximise your return including:

  • submitting claims in the insolvency process (proofs and proxies)
  • attending at creditor meetings
  • appointing liquidators/trustees in bankruptcy
  • making claims on security
  • enforcing retention of title provision to recover goods
  • exercising rights of set-off

Please contact a member of the Insolvency Disputes Team if you would like further assistance.

Key Contacts

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Mark Cullingford

Mark Cullingford

Partner

Nicola Brastock

Nicola Brastock

Associate Solicitor