Insolvency
Our insolvency team has extensive experience in advising insolvency practitioners, creditors, debtors, and directors in relation to both corporate and personal insolvency issues. Partners Bethan Darwin, Stephen Thompson and Kempton Rees all boast significant insolvency experience. Kempton is a regional committee member of professional insolvency association, R3, and is acknowledged in both Chambers and the Legal 500 as a leader in this field.
Corporate insolvency
We advise and act for insolvency practitioners on all aspects of corporate insolvency, including:
- administrations
- receiverships
- liquidations
- CVA’s
Examples of matters upon which we advise include:
- winding up petitions and procedure
- administrator and receiver appointments
- antecedent transactions
- retention of title claims
- use of statutory powers of investigation
- collecting book debts
- creditors’ claims
- employment and TUPE issues
- re-use of company names
- realisation of assets and property sales
We have acted both for and against directors of insolvent companies in respect of alleged breach of fiduciary duties and wrongful/fraudulent trading claims, as well as directors’ disqualification proceedings.
We also act for other interested parties such as creditors and debtors of insolvent companies.
Personal insolvency
We regularly advise debtors, creditors and insolvency practitioners in relation to all manner of bankruptcy issues, including:
- Bankruptcy petitions and procedure
- claims on the matrimonial home
- “equity of exoneration” claims
- antecedent transactions
- annulment
- after-acquired assets
- property sales
- bankruptcy restrictions orders/undertakings
- income payment orders/agreements
