Working with Creditors and Lenders

Our team are often instructed to assist lenders with managing their exposure where a business is distressed. Sometimes a more formal process is needed and we often take appointments as Administrators or Receivers to facilitate a return to creditors as appropriate.

This gives us a great understanding of lenders’ expectations, which we are able to use to help clients reach agreements with lenders.

We also have experience of dealing with more contentious matters, where our team will investigate transactions and company dealings to recover assets for the benefit of creditors. This is often following a creditor appointing us as Liquidator of a company or as a Trustee in Bankruptcy of an individual.

Our Creditor Services team work with clients to secure appointments over businesses and individuals where more traditional debt collection practices have not succeeded.

Compulsory Liquidation

A compulsory liquidation is an immediate shutdown which is started when a creditor presents a petition and the petition debt remains outstanding.

Being presented with a petition does not necessarily mean the end for your business. We can work with management to ascertain whether there are alternative routes which might be more appropriate.

We also act on behalf of creditors who have presented petitions and we take appointments as Liquidators where there are assets available for the benefit of creditors.

Receiverships

As a lender you wish borrowers to repay their facilities in accordance with the terms agreed at loan inception, or at least on revised terms if circumstances should require further negotiation or additional facilities. However, if normal credit control measures do not produce repayment, you may need to enforce your security over the property via a Fixed Charge Receivership (also sometimes called a Law of Property Act Receivership).

Our experienced team can appraise sites and properties, as part of a multi-disciplinary team, to seek the best return for lenders, obtain control over property assets and manage them pending sale, seek ways in which the asset value can be enhanced and manage the sale process to deliver completions.

In order to deliver value back to lenders, the team also seeks to identify any non-property assets which may be capable of being realised for the benefit of the secured creditor, and can advise on which alternative process can be used to enforce recovery of those assets should negotiation fail.

Contentious Insolvency

We are experienced in contentious matters and have been able to secure realisations from directors of businesses where concerns were raised about their conduct.

Case studies

Get in touch for specialist, confidential help and advice

Mike Kienlen

Mike Kienlen

Head of Restructuring & Insolvency

0808 144 5575

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