Insolvency Litigation advice for Individuals

We can assist creditors of insolvent companies and people who have claims against insolvent companies, whether proprietary or otherwise. We can also assist victims of fraud with claims against an insolvent company or individual. This can include, for example, circumstances where an individual transferred assets to a fraudster as a result of a fraudulent misrepresentation, or circumstances where fraudsters use insolvency as a tactic to try to evade the consequences of their debts.

We can also assist shareholders claiming against directors of a company for causing a company to go insolvent.

We are also able to assist people facing bankruptcy proceedings, or petitioning for their own bankruptcy. We can advise on the obligations to co-operate with the trustee in bankruptcy, including advice around the provision of information and interviews. We are also experienced in advising on the potential bankruptcy offences.

Our recent work for individuals includes:

• advising creditors in proving their claims in both administrations and liquidations including successfully challenging the joint liquidators’ failure to adjudicate in a timely fashion and negotiating payment in full plus interest; and
• advising office holders, creditors and shareholders on their rights and powers to bring claims against delinquent directors including antecedent transactions (particularly, risk of wrongful trading and fraudulent trading claims).

For more information, have a look at our frequently asked questions on insolvency litigation and read our case studies.

We can also advise:

• Directors
• Insolvency Practitioners; and
• Companies