Blog
Bankrupt beneficiaries and risks for personal representatives
Anna O’Carroll
We have experience of advising directors facing claims of fraudulent trading or wrongful trading, and we can also advise directors on the extent of their duties to co-operate with the insolvency practitioner, including at interview.
We can also advise a co-director in circumstances where another director has been made bankrupt, or where the suspected fraudulent activity of a co-director results in insolvency proceedings.
We can act for directors facing disqualification proceedings following the insolvency of the company. We have successfully defended such proceedings, and can advise on defences as well as the provision of undertakings.
Our recent work advising directors or former directors includes:
- advising office holders and directors on their powers and obligations under section 234 (delivery up of property), section 235 (duty to co-operate) and section 236 (provision of documents and information) of the Insolvency Act 1986;
- negotiating the discontinuation of directors’ disqualification proceedings against our client, including payment of a significant proportion of his costs;
- advising office holders on their rights and powers to bring claims against delinquent directors including antecedent transactions;
- acting for a director whose company had been placed into Provisional Liquidation following the service by HMRC of Notice of Assessments in excess of £7million. HMRC issued a winding up petition against the company and the Provisional Liquidator issued misfeasance proceedings against the director. We represented the company in opposing the winding up petition which was listed for a 10 day hearing. The matter was heavily contested and was settled just before the hearing.
For more information, have a look at our frequently asked questions on insolvency litigation and read our case studies.
We can also advise:
