Insolvency & Bankruptcy
Our specialists advise companies and individuals in insolvency or bankruptcy-related disputes.
Insolvency and bankruptcy present fundamental challenges for businesses and individuals in every industry sector. We provide services for all parties across the spectrum of contentious insolvency.
When acting on behalf of creditors and receiving parties, we pursue Asset Tracing and Recovery strategies which are cost-efficient and target key assets to maximise the cost-benefit of any insolvency action. We also advise creditors on bringing claims for damages against those responsible for the collapse of companies and the recovery of investment and debts owed to those creditors.
We are regularly instructed by companies or individuals facing the potential consequences of insolvency or bankruptcy. We guide clients through the process and fight for the best possible outcome. This can involve:
investigating the circumstances of an insolvency or bankruptcy to establish whether counter-claims and third party claims exist
seeking the protection of the bankruptcy regime in relevant circumstances
advising company directors in respect of their duties and liabilities in the event of company insolvency, and
obtaining the most favourable conditions where adverse orders are unavoidable.
We have particular expertise in dealing with personal claims made against former directors and officers involving allegations of alleged breaches of fiduciary duties, transactions at an undervalue, preferences, loans or fraudulent or wrongful trading.
We are regularly instructed to assist with cases spanning multiple jurisdictions. We have excellent relationships with overseas insolvency specialists, enabling us to respond quickly to any situation and assemble a team capable of delivering effective advice and implementing a global strategy to meet our clients’ goals.
- We acted for a former director of Madoff Securities International in relation to the largest Ponzi scheme of all time.
- We acted for the trustees in bankruptcy of an individual, seeking to trace monies he appropriated from our clients, using the trustees’ powers to cross-examine him in court as to the whereabouts of the monies and to obtain documents and information from third parties including professional advisers.