Insolvency Litigation advice for Insolvency Practitioners

We regularly act for trustees in bankruptcy, liquidators and administrators. We can get involved at the outset and advise on issues of appointment, assist with utilising the powerful investigative tools under the Insolvency Act and the Insolvency Rules to trace assets, including invoking the powers of the court to request production of relevant documents, investigate a bankrupt’s affairs and seek cross examination. We can also assist with challenging transactions including preferences, transactions at an undervalue and transactions defrauding creditors, as well as wrongful trading and fraudulent trading.

Our in-depth civil fraud expertise means that we are particularly well placed to assist in complex insolvency disputes that involve an element of fraud and/or dishonesty as well as understanding how best to approach asset tracing, particularly when those assets have been deliberately dissipated or concealed.

Our recent experience advising insolvency practitioners includes:

  • obtaining multiple urgent out of court administration appointments including advising on their powers and post appointment issues including ROT claims, purported exercise of liens, cross border elements, furloughing/redundancy of staff and termination of leases;
  • acting for a trustee in bankruptcy seeking to challenge various transactions, including a divorce settlement, and to challenge an employee benefit trust on the basis that it was a sham;
  • acting for a liquidator seeking to recover fees paid to the former administrators on the basis that they were excessive for the amount of work done and raised in breach of the fiduciary duties owed by the former administrators and
  • acting for the liquidator of a Cayman company in relation to a pension scheme being investigated by the Serious Fraud Office.

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

We can also advise:

Insolvency advice for Insolvency Practitioners | Case Studies

Insolvency advice for Insolvency Practitioners | Case Studies

Challenge to divorce

Freezing assets

Sham trusts

Challenge to former administrators’ fees

Out of court administration (with qualifying floating chargeholder)

Out of court administration (no qualifying floating chargeholder)

Services

Insolvency Litigation advice for Directors

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.

Insolvency Litigation advice for Companies

We can advise companies facing statutory demands and winding-up petitions. We regularly act for companies who need advice in challenging a statutory demand and obtaining injunctive relief to prevent the presentation of a winding-up petition where necessary.

Insolvency Litigation advice for Individuals

We can assist creditors of insolvent companies and people who have claims against insolvent companies. We can also assist victims of fraud with claims against an insolvent company or individual.

Insolvency Litigation advice for Insolvency Practitioners

We regularly act for trustees in bankruptcy, liquidators and administrators. Our in-depth civil fraud expertise means that we are particularly well placed to assist in complex insolvency disputes that involve an element of fraud and/or dishonesty.

Insolvency Litigation FAQs

This page sets out a number of Frequently Asked Questions in relation to Insolvency Litigation.

Civil Fraud and Investigations

The international nature of commerce and growing reliance on electronic communications mean that the number and value of fraud claims is rising.

Insolvency Litigation

Our dispute resolution lawyers represent individuals, companies and insolvency practitioners on insolvency matters.

Dispute Resolution

Dealing with a dispute professionally and commercially takes skill. We assist and support our clients with both legal knowledge and strategy.

Insolvency Litigation Insights

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