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Insolvency Services

We are experienced in acting for insolvency practitioners, creditors and insolvent/distressed companies involving a wide variety of aspects of insolvency, including (click any link on the left for further information):

Administration Orders

We can advise companies and insolvency petitioners in relation to the legal aspects of administration orders and assist in court applications. We can advise creditors of companies in administration.

Asset Disposal

We can assist in relation to the sale of freehold, leasehold and other property in the hands of the insolvent company.

Asset Recovery

We can pursue assets in the hands of the insolvent company or a third party and advise on retention of title clauses, on tracing procedures and bringing proceedings or negotiate in relation to the recovery of, or compensation for, the asset in question.

Corporate Voluntary Arrangements

We can advise companies and insolvency petitioners in relation to the legal aspects of corporate voluntary arrangements and assist in court applications. We can advise creditors of companies subject to corporate voluntary arrangements

Directors' Responsibility

We can advise directors of their responsibilities when concerns arise about possible insolvency. We can advise creditors as to directors’ obligations and duties. We can advise insolvency practitioners and assist with investigations in relation to wrongful and fraudulent trading, breach of duty and misappropriation of property by directors.

Injunctions

Sometimes urgent action is required to preserve the property of the company or of a third party. We advise on the necessary evidence, procedures and steps to be taken to try to obtain the necessary court order.

Liquidations

We advise during the course of liquidations on the legal issues arising including the validity of claims by creditors and debts and assets due to the company in liquidation. We assist in bringing and resisting claims in the courts.

Retention of Title

We advise in relation to retention of title clauses, often an important consideration for creditors when insolvency occurs. We also advise as to the enforcement procedures in relation to property which is the subject of retention of title disputes.

Setting Aside Transactions

We advise in relation to the setting aside of transactions where property belonging to an insolvent company has been disposed of at an under value or on preferential terms. We can advise in relation to transactions which may have defrauded creditors. We can advise on the procedures necessary to bring claims in the County Court or in the High Court. We can assist in negotiations or in alternative dispute procedures.

Winding Up Petitions

We can assist in drafting Statutory Demands, and Winding Up Petitions and pursuing compulsory winding up orders. We can also assist you in defending a Winding Up Petition, obtain a validation order or an injunction to prevent the advertisement application. We advise on evidence and procedures in contested cases.

Our business insolvency services are complimented by other areas of the firm, such as mainstream litigation, property, intellectual property and employment.

Contact Chris Elliott on 020 8300 9321 or email him on celliott@wmk-law.com alternatively Contact Us