Insolvency

Our growing Insolvency Team has built a strong nationwide reputation for providing quality advice combined with a pragmatic approach and good commercial sense.

What Do We Do?

The Team works closely with our Dispute Resolution and Corporate/Commercial Teams, enabling us to provide an extremely comprehensive service.

Services to Insolvency Practitioners

We act for a large number of Insolvency Practitioners, both from the large multi-national accountancy firms and smaller practices and sole practitioners.

We provide the full range of technical and litigation support for all insolvency regimes. Having developed our expertise in this area over a considerable period of time, we have an in depth understanding of the types of issues Insolvency Practitioners face and the need for commerciality in their dealings.

Assignments taken include:

Advice and litigation in relation to all aspects of the administration of a bankruptcy estate. We have developed a particular expertise in dealing with transactions associated with the matrimonial home.
Investigations and asset tracing.
Asset realisations.
Attacking antecedent transactions, in both bankruptcies and winding-up.
Pursuing former Directors for misfeasance, wrongful trading, etc..
Litigation supported by Conditional Fee Agreements and adverse costs insurance where appropriate.

Services to Creditors

Our breadth of experience of insolvency puts us in an ideal position to advise businesses when one of their customers becomes insolvent. With the huge increase in personal insolvency we have seen over recent years, it has become even more important that creditors have quick and easy access to good advice and practical assistance when faced with dealing with the insolvency process.

Fixed Fee Service

For a nominal fixed fee, we will deal with correspondence received by a creditor informing them of the insolvency or cessation of trading of one of their customers. This includes our corresponding with the Official Receiver or appointed Insolvency Practitioner and advising the creditor on the process and how their position is affected by it.

Individual Voluntary Arrangements have become increasingly popular with debtors over recent years and therefore we also provide advice and assistance to creditors receiving a voluntary arrangement proposal, including lodging the proof of debt on their behalf and arranging representation at the meeting of creditors, if necessary.

We also provide more in-depth advice, for example on the rights and remedies which survive the insolvency such as the enforcement of any security and retention of title.

Services to Businesses and Company Directors

We deal with the whole range of issues faced by businesses, either because they themselves are in financial difficulty or when they are dealing with other businesses which are insolvent. We have particular expertise in the following:

Advising both businesses and directors in financial difficulty, including working closely with our wide range of Insolvency Practitioner contacts.
Assisting with restructuring and turnarounds.
Acting on both the sale and purchase of insolvent businesses and their assets.
Advising and acting for directors facing disqualification and antecedent transaction proceedings.

In-house Insolvency Practitioner

Our Insolvency Team includes a Licensed Insolvency Practitioner, Tim Mayner. Tim has approaching 30 years experience in the insolvency profession and his work largely involves taking appointments as Trustee in Bankruptcy and Company Liquidator.

Additional Information

Download the Brachers Guide to Debt Recovery