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.
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.