As a creditor or lender, dealing with distressed or insolvent businesses requires specialist expertise to manage exposure and maximise recoveries. When traditional debt collection practices have failed, a formal insolvency or enforcement process is often the necessary next step to secure your position.
Our team of licensed insolvency practitioners has a deep understanding of lenders' and creditors' expectations. We are regularly instructed to take appointments as Liquidators, Receivers and Trustees in Bankruptcy to recover assets and facilitate a return for our clients. We provide a robust, commercially-minded service designed to protect your interests and deliver the best possible outcome for creditors.
Compulsory liquidation and bankruptcy
A Compulsory Liquidation is a powerful tool for creditors when a significant debt remains outstanding from a company despite repeated recovery efforts. It begins with a creditor presenting a winding-up petition to the court and the court subsequently making a winding up order against the company.
A bankruptcy order is made when a court makes a bankruptcy order against an individual following a bankruptcy petition from a creditor. This may be a lender seeking to enforce a personal guarantee against an individual.
How we assist creditors:
We act on behalf of creditors and lenders who have presented petitions and take appointments as Liquidators and Trustees in Bankruptcy following a winding-up order or bankruptcy order from the court. Our role is to:
- Secure and realise all available company assets for the benefit of creditors.
- In the case of a company we investigate the company's affairs and the conduct of its directors.
- In bankruptcies we can seek to recover assets that a bankrupt has sought to conceal or transfer at less than full value.
- Distribute available funds to creditors in the order of priority.
If you are a creditor struggling to recover a debt, we can advise on the process and take control of the situation once a winding-up or bankruptcy order is made.
Contentious insolvency & asset recovery
Sometimes, a simple asset realisation is not enough. A Liquidator has far greater powers than a receiver and in cases where there are concerns about the conduct of directors or evidence of transactions designed to move assets beyond the reach of creditors, a deeper investigation by a Liquidator (or Administrator) is required.
How we enhance realisations:
Our team is highly experienced in contentious insolvency matters. We use our investigative skills to:
- Investigate director conduct: Scrutinise the company's dealings and the actions of its directors leading up to the insolvency.
- Challenge Antecedent Transactions within a liquidation or bankruptcy: Identify and take action to reverse transactions that have unfairly disadvantaged creditors (e.g., preferences or transactions at an undervalue).
- Recover assets: We have a proven track record of securing significant realisations for creditors from directors where concerns about their conduct have been raised.
We are frequently appointed as Liquidator or Trustee in Bankruptcy by creditors specifically to investigate potential wrongdoing and recover assets for the benefit of the creditor body as a whole.
Instruct Our Insolvency Practitioners
If you are a lender, creditor, or legal professional facing a challenging debt recovery situation, our expert team is here to help. Contact us today for a confidential discussion on how we can assist you in protecting your position and maximising your recovery.
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