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Insolvency

Insolvency is a term for when an individual or organisation can no longer meet its financial obligations with its lender or lenders as debts become due. Insolvency can arise from poor cash management, a reduction in cash inflow forecasts or from an increase in expenses.

As an individual, it is referred to as Bankruptcy.

For a Company it is known as Corporate Insolvency.

Bankruptcy

If you owe money and you are unable to pay it back then one of your options is to apply for bankruptcy.  It is a big decision to make, but can help to put an end to issues caused by considerable debt.

Equally, someone to whom you owe money could apply to make you bankrupt, if the debt is more than £5000.00.

Bankruptcy however may not be your only option and it might not be in your best interest depending upon your individual circumstances.

If you are struggling to pay your debts and are facing the prospect bankruptcy then do not give up hope.  We will consider your individual position and look at other ways around your financial difficulties.  We can negotiate with your creditors, provide advice on Individual Voluntary Arrangements (IVAs), assist you with the process of applying for a debt relief order and give guidance on the possibility of restructuring your debt.  

You may in fact already be bankrupt and require advice about your rights. You may jointly own property with someone that has been made bankrupt and want to understand your options.  

Alternatively you may be a creditor that is owed money and you are looking to make someone bankrupt.  

You may believe that a bankrupt person is hiding assets or has sold/transferred assets to someone else and seek help locating those assets to enforce against.  

Whatever your position, our experienced team will provide you with advice and assistance through this daunting process.

Corporate Insolvency

We regularly act for companies and directors facing insolvency proceedings by creditors or insolvency claims by liquidators.

We can advise and assist companies and directors at any stage during the corporate insolvency process whether it be at the outset or following a winding up order.

In addition we frequently advise and act for Insolvency Practitioners on potential claims against companies and directors.

Whatever the issue, we can help.

You may be a Company or a director who is facing a claim brought by an Insolvency Practitioner, Official Receiver or Liquidator that has arisen from the insolvency. Such claims may include allegation of wrongful or fraudulent trading, misfeasance (breach of duty) including negligence, unlawful dividends, preferences and transactions at an undervalue.

You may be a company or a director that is looking to defend a Winding Up Petition presented at Court by creditors.

You may be a struggling company wishing to take proactive steps to avoid insolvency proceedings such as exploring whether a Company Voluntary Arrangement (CVA), a Members Voluntary Arrangement (MVA) or Administration is a viable option.

You may be a director that is facing disqualification proceedings.

You may be an Insolvency Practitioner, creditor or liquidator requiring advice on potential claims against an insolvent company or a director.

Please contact one of our experienced team should you require any advice or assistance in relation to the above.

Our Team

Lee Edwards

Lee Edwards

LLP Member and Head of Department
Heidi Pearce

Heidi Pearce

LLP Member

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Registered Office: St. Mary's Court, St. Mary's Gate, Chesterfield, Derbyshire, England, S41 7TD

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