Insolvency

We have extensive experience in advising clients on corporate and personal insolvency issues.  This includes both advisory and litigation work.

We act for the following:

• Creditors who wish to bring a statutory demand and subsequently winding up proceedings or bankruptcy proceedings against a company or individual debtor
• Trustees in bankruptcy or liquidators by providing advisory work and litigation and injunction application to claw back assets and secure certain assets from being dissipated
• Distressed companies and individuals in the defence of statutory demands or insolvency petitions (whether in winding up or bankruptcy) and with claims by trustees in bankruptcy or by a liquidator.

Our expertise

Our Insolvency team has expertise in the below areas.

Corporate Insolvency

• The preparation and service of statutory demands
• Urgent applications for injunctions to stop creditors winding up a company and to prevent them from publicly advertising which can be hugely damaging to a company
• Applications for freezing injunctions to prevent assets from being dissipated
• The winding up of companies
• Acting on behalf of creditors and directors of distressed companies in winding up proceedings/disputes
• Acting on behalf of insolvency practitioners in recovery proceedings once a company is in liquidation
• Defending directors in claims raised by liquidators (including preference actions, unreasonable director-related transactions and transactions at an undervalue)
• Advice to directors and the defence of claims against them under personal guarantees
• Wrongful trading
• Claims to claw back company dividends which have been paid out
• Assisting with retention of title disputes and proceedings to recover unpaid debts and/or assets
• Defending directors facing director disqualification proceedings

Personal Insolvency (bankruptcy)

• The preparation and service of statutory demands
• Issuing bankruptcy petitions on behalf of creditors
• Challenging statutory demands
• Responding to a bankruptcy petition
• Acting on behalf of insolvency practitioners in recovery proceedings in a bankruptcy estate and general trustee litigation
• Applications to annul bankruptcy orders
• Debt collection through statutory demands or other insolvency processes
• Defending claims raised by a trustee in bankruptcy against your family home or other assets
• Opposing applications for bankruptcy restrictions orders
• Bankruptcy restrictions.

Why should I instruct Brett Wilson LLP?

To ensure that you have the best team fighting for you and to maximise your prospects of success.  Our work and client care are of the highest standard.  Every matter has partner involvement.  Where it is necessary to go to court we work with a range of top barristers.

At the outset of your case, we will conduct a cost benefit analysis with you and talk you through your options.  We offer honest and pragmatic advice to our clients.

Our insolvency solicitors act for individuals and corporate clients of all sizes.

How do I instruct Brett Wilson LLP?

Get in touch with one of our insolvency solicitors by sending us an email, completing our online enquiry form or calling us on 020 7183 8950.  If emailing or using the online form, please provide a short outline of your situation.

Where possible, we recommend that you contact us before taking any formal insolvency steps yourself.

Costs information will provided following your enquiry.