Insolvency legal services
The issues and pressures arising for those connected with a company facing difficulty and a potential insolvency situation are numerous and complex. Directors who are faced with a failing business need to understand their duties and potential personal liability; companies that are facing insolvency need to understand the legal procedure they are faced with; and insolvency practitioners need to ensure that they act within the scope of their powers and duties to achieve their objectives.
Gaby Hardwicke has brought together specialist solicitors from the disciplines of Corporate Law, M&A, Commercial Litigation, Property and Employment Law to form a formidable team of lawyers with extensive experience of the widest range of insolvency situations. They can assist and act for insolvency practitioners, businesses, individuals and directors on both non-contentious and contentious insolvency matters.
Our solicitors recognise the complexities in the law and procedure in this area as well as the financial and personal pressures an insolvency situation can cause. They will work with you to simplify the complexities, provide clear, concise and accurate advice and guide you through the processes involved with minimal fuss.
Our expert solicitors can assist with many types of insolvency work, including:
- Acquisitions and disposals of businesses in administration/liquidation.
- Acquisitions and disposals of property in an insolvency arrangement (personal or business).
- Advice on the validity of various matters that can arise in an insolvency situation including the validity of an administrator’s appointment and validity of debentures, charges, etc, entered into with or by a business in financial difficulty.
- Advice on retention of title issues.
- Restoration of companies that have been struck off the register.
- All types of insolvency-related dispute resolution, e.g. acting for administrators in pursuing debtors of the company, assisting with recovering assets, etc.
- Applications to court on behalf of insolvency practitioners, e.g. for removal of their fees and for directions from the court.
- Advice on procedures to follow in an insolvency situation, e.g. moving from administration to liquidation.
- Advice on transactions at an undervalue and preferences of creditors.
- Appointment of administrators/liquidators.
- Advice to directors of companies facing insolvency.
- Advice to directors facing disqualification.
- TUPE aspects of insolvency situations including in the context of business sales.
Our team is led by Commercial Dispute Resolution Partner Jeremy Laws, with support from Corporate Finance Partner Mark Williams, Employment Law Partner Paul Maynard and Senior Commercial Conveyancer Nick Wickens.
If you require advice on any insolvency matter please contact Jeremy Laws on 01323 435 900 or .
Assistance to liquidators following failed CVA
Mark Williams and Jeremy Laws are advising the liquidators of a construction company on various issues arising from the company defaulting on its company voluntary arrangement (CVA). Jeremy is providing advice on the validity of bank security, and on the availability of the CVA funds to both the secured and unsecured creditors. Mark is helping the liquidators obtain security from company creditors, to back up a negotiated repayment plan.
Acting for creditors of companies facing potential insolvency
A number of members of the team – including Jeremy Laws, Mark Williams, Daniela Catuara and Nick Wickens – have been advising clients who are creditors of companies facing financial difficulties. Jeremy recently acted for a loan note holder in a company considering administration and facing management succession problems. Both Nick and Daniela have advised landlords on the consequences of tenant insolvencies.
Jeremy and Mark recover leading IP's fees and costs
Jeremy Laws and Mark Williams recently acted for a leading Sussex IP in recovering fees and expenses under new provisions in the Insolvency Rules. The IP had advised an insolvent business, teed up a pre-pack sale (which Mark Williams was instructed on) and assisted in negotiations with buyers. The directors of the business then tried to avoid these fees by appointing a rival IP and completing the sale elsewhere. Jeremy and Mark secured payment of the fees and the recovery of the IP's costs.
Based in East Sussex but serving a much wider area, Gaby Hardwicke Solicitors has offices in Hastings, Bexhill, Cooden and Eastbourne.
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