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For business

Corporate insolvency

We provide practical commercial advice relating to complex areas of corporate insolvency and distress with a view to preparing pragmatic and effective solutions. Our business insolvency solicitors act for insolvency practitioners, lenders, corporate debtors, creditors, directors and other stakeholders including partners.

Practice Areas

Administration

Advising companies and creditors in respect of the administration process and acting for insolvency practitioners appointed by directors and secured creditors.

Asset/debt protection and recovery

Search and seizure orders, doorstep imaging orders, investigations using private and public examination procedures under s.234 and 236 of the Insolvency Act.

Debt restructuring

Advising businesses on significantly modifying their debt, operations and/or structure in order to make them more profitable.

Directors’ duties

Advising officeholders and former directors as to their obligations in the event of insolvency and acting for directors and liquidators in fraudulent/wrongful trading proceedings and acting for former directors facing disqualification proceedings.

Informal creditor agreements

Providing companies with informal creditor agreements.

Injunctions

Seeking injunctions to prevent the presentation or advertisement of a winding-up petition on the grounds of a genuine dispute over the debt.

Liquidation

Insolvent liquidation

Acting for creditors seeking to wind up insolvent companies and companies seeking winding up.

Solvent liquidation

Advising companies and shareholders on members’ voluntary liquidations, corporate reorganizations, and demergers including s.110 reconstructions.

Receivership

Advising secured creditors on the appointment of receivers and acting for receivers to secure and effect the sale of assets.

Regulatory

Liaising with HMRC and other regulatory authorities in relation to insolvency issues.

Validation orders

Acting for companies seeking validation orders following the presentation of a winding-up petition to avoid the effect of s.127 of the Insolvency Act 1986.

More from the team

Articles

Advising secured creditors on the appointment of receivers and acting for receivers to secure and effect the sale of assets.

At a glance
  • Claims by liquidators in excess of £14m, alleging unlawful dividends and director misfeasance (a wilful inappropriate action) and contribution claims involving professional negligence allegations.
  • Successfully acting on a section 110 reconstruction of a business in the hospitality sector and splitting the business between shareholders.
  • Successfully preserving privilege, of third party clients, in the face of information applications under sections 234 and 236 of the Insolvency Act 1986.
  • Successfully acting for liquidators investigating the misappropriation of monies including sections 234 and 236 of the Insolvency Act 1986.
  • Successfully defending directors in high-level claims for wrongful trading and breach of duty.
  • Successfully acting for a liquidator in the recovery of monies misappropriated by directors across a group of companies.
  • Advising on the restructuring of businesses in administration, and seeking and obtaining HMRC clearance for that purpose.
  • Successfully resisting directors’ disqualification proceedings against previous directors of companies.
  • Successfully acting on a section 110 reconstruction of a property portfolio company split between groups of shareholders.
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What they say...

  • Nim, November 2024
    “I highly recommend James McMullan and his team. They all did a fantastic job with helping me through a particularly difficult family situation. They are extremely professional, caring, and experts in their field.” Probate and contentious

  • Man Kiu Wan, November 2024
    “Thank you Charlotte for your excellent and professional services.” Probate

  • Ms K, November 2024
    “I was recently made redundant, and my company had handled some of the process quite poorly. Patrick came recommended by a friend who had used him during her own redundancy, and I can now wholeheartedly recommend him myself. His initial consult

  • Sean Greathead, October 2024
    “Karen Cole has been superb in supporting us in dealing with some complex legal challenges. Her advice and guidance is timely, well communicated and provides direction on resolving the situations on hand. I would highly recommend Karen and the

  • Jonny Grossman, October 2024
    “Martin was everything I would expect a top solicitor to be. He was knowledgeable, responsive, supportive, calm, and overall an excellent professional to work with. I would use Martin and RIAA Barker Gillette again without hesitation. Sharon is

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