Personal and Corporate Insolvency
Insolvency occurs when an individual or a company cannot pay their debts as and when they become due.
Sometimes, downturns in work or business activity and other unfortunate and unforeseen circumstances can lead to the unwelcome event of insolvency.
Insolvency can be stressful and it is compounded by the fact that the law of insolvency is complex and difficult to navigate. Therefore, it requires the experienced, practical and commercial legal advice that we can provide you with. We can assist you if you are:
1. a person or a company facing insolvency;
2. a creditor; or
3. an insolvency practitioner.
Irrespective of whether you are a debtor or a creditor, insolvency can have serious consequences. We can provide you with strategic legal advice to achieve the best commercial outcome for you.
If you are an insolvency practitioner, we can assist you with pursuing claims to maximise returns to creditors and otherwise advise and assist you in ensuring that you meet your duties and obligations.
- Advise you in relation to your options when facing insolvency.
- Act for you in relation to claims for unfair preference payments, uncommercial transactions, unreasonable director-related transactions, and unfair loans.
- Act for you in relation to bankruptcy proceedings, whether you are a creditor or a debtor.
- Act for you in relation to winding up proceedings against a company, whether you are a creditor or a debtor.
- Act for you in relation to insolvent trading claims.
- If you are an insolvency practitioner, advise you in relation to various aspects of a bankrupt estate or a company that is in administration, liquidation or recievership.
- Negotiate and draft a Deed of Company Arrangement to avoid a company being placed into liquidation and to allow it to continue its business operations.
- If you are a secured creditor of an insolvent company, assist you in protecting and recovering your secured interest.
- Prepare sales contracts for the sale of an insolvent company’s property.