Insolvency & Bankruptcy
Real expertise in helping you deal with or avoid personal insolvency.
Disputed Debts & Statutory Demands
Any bankruptcy process starts with a debt. If the debt is disputed, the best chance of avoiding any bankruptcy process is to challenge the debt quickly and robustly. We have all the tools available to do so and in the event that a statutory demand is served, we will comply with the extremely stringent time limits to apply to set it aside.
Director Disqualification can have catastrophic effects on your reputation and your ability to run a future business, so it is important that you seek legal advice at the earliest possible opportunity. Our team of expert insolvency lawyers specialise in insolvency matters, including Director Disqualification proceedings. Call us now for an initial, no-obligation meeting to discuss your options.
Repossession – Defending Your Home
We are on hand to help you defend possession proceedings arising out of bankruptcy where possible but even if not, to ensure that the interests of a spouse or a third party are properly protected to ensure they’re not affected by your bankruptcy order.
Bankruptcy Law & Procedure
We will advise you when faced with a bankruptcy situation. If you’re wondering about rights that your Trustee in Bankruptcy has against you or your assets, or what they can take for the benefit of your creditors, of if you can carry on working, we’ve got years of experience in working with or against your Trustee or the Official Receiver. We’ve almost certainly got the right advice at our fingertips.
Defending Claims Against Directors
Claims against Directors can be made by different entities, including the Insolvency Service or the Secretary of State for Business, Innovation and Skills, creditors, Liquidators or Administrators, co-Shareholders and the Company itself. We can advise you and represent you in relation to all of these types of claims and we will help you to investigate:
- What the person claiming alleges you have done;
- The duties you are alleged to have breached
- How to mount an effective defence
Our work on behalf of Insolvency Practitioners puts us in a unique position to advise you in relation to these claims and to ensure that you get the best and fairest outcome.
An IVA – individual voluntary arrangement – can be an alternative option to the bankruptcy route for individuals where a better outcome could be reached for creditors than a bankruptcy order. An IVA is legally binding and must be approved by your creditors and is supervised by an IVA supervisor.
Often, an IVA can be a better option for some individuals as it allows you to avoid the stigma of bankruptcy and is based on what you can actually pay. Your creditors don’t charge interest during the IVA period and will accept a fixed monthly payment.
We work with specialist IVA supervisors and can advise you how best to approach this situation if it is appropriate for you. Often when an individual is due to receive some money, such as an inheritance or another form of monetary settlement, an IVA can be a suitable route to obtain some time to pay with your creditors.
Sometimes a bankruptcy order is made incorrectly. Sometimes your situation may change and you may be able to apply to annul your bankruptcy, which means that your record will be clear and it will be as if the bankruptcy order was never made. This is a highly technical area and we have the experience over many years to advise you how best to pursue your application.
Acting Against LPA Receivers
Where an LPA Receiver is appointed under a mortgage or a legal charge, they can often overreach their authority and our job is to make sure that they act fairly and don’t prejudice your position unnecessarily. We have acted against many of the largest LPA Receivers and we will ensure that you’re position is looked after throughout.
The Courts have made clear that they will enforce co-operation by bankrupts with their trustee in bankruptcy by imposing extension periods where appropriate. Creditors can also apply pressure to extend the bankruptcy period. We will make sure that your Trustee does not overreach their power to do so and we will always ensure that you get the best advice and oppose such an application where it is appropriate to do so.
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