Corporate Recovery and Insolvency
Our expertise in relation to matters involving debt restructuring and insolvency is regularly utilised by those whose interests are being affected by individuals and business entities that are in financial difficulty as well as those in financial difficulty themselves. We act on behalf of high street banks, other financial institutions and insolvency practitioners throughout the United Kingdom providing advice in relation to what is a highly regulated, complex area of law.
Our solicitors are regularly instructed in relation to the commencement and defence of formal insolvency proceedings against individuals as well as corporate entities. We have particular expertise in asset tracing & recovery and in challenging transactions of insolvent debtors such as preferential transactions, transactions at undervalues and prohibited dispositions. We are proud of our track record when it comes to securing injunctions and other such orders of the court which serve to protect and enhance our clients’ positions.
We advise in relation to the appointment of administrators (both in and out of court), liquidators and fixed-charge receivers and provide ongoing advice and assistance for insolvency practitioners once they have been appointed.
In conjunction with our property, employment, corporate and dispute resolution teams, MTB offers a comprehensive range of corporate recovery and insolvency services regarding:
- The appointment of administrators
- The appointment of fixed charge receivers
- Individual Voluntary Arrangement (IVAs)
- Company Voluntary Arrangements (CVAs)
- Statutory Demands and the setting aside of Statutory Demands
- Bankruptcy Petitions
- Winding-up Petitions
- Applications to restrain the presentation of bankruptcy petitions
- Adjustments of prior transactions including preferential transactions, undervalue transactions, post-petition transactions
- The recovery, disposal and realisation of assets
- The rights and duties of administrators, liquidators and trustees in bankruptcy
- The rights and duties of bankrupts, company directors and shareholders
In providing these services we recognise that, by their very nature, insolvency situations arise as a result of a lack of finance and it is for this reason that the advice we deliver takes account of the necessity to ensure that the cost of taking action is proportionate to the expected outcome.