Our insolvency lawyers can advise and represent creditors, debtors and insolvency practitioners throughout the insolvency process. We can provide advice and assistance from the early stages of debt collection or financial strain through to liquidation or administration process.
Handling Creditor’s Statutory Demands & Winding up applications: Includes applications to prosecute and or set aside statutory demands and winding up proceedings.
Bankruptcy Notices and Proceedings: Managing applications to prosecute and or set aside bankruptcy notices and overseeing bankruptcy proceedings.
Deeds of Company Arrangement: Facilitating and advising on the implementation and consequences.
Voidable Transactions:Â Refuting and legal representation in unfair preferences, uncommercial transactions, undervalue transactions, and transfers designed to defeat creditors.
Recovery Actions: Acting on behalf of liquidators and trustees to recover assets. Refuting and legal representation against claims made by liquidators and or trustees to recover assets.
Insolvent Trading Claims:Â Defending claims against directors for insolvent trading. Representing liquidators in claims against directors for insolvent trading claims.
Asset Sale Agreements:Â Managing agreements for the sale of assets and property of insolvent entities.
Sale of Land:Â Preparing contracts and deeds for the sale of land in the insolvency process.
Examinations:Â Conducting examinations of directors,bankrupt individuals, shadow directors, accountants, professional advisors, family members.
Disputes with liquidators or administrators:Â Handling disputes that arise during the insolvency process with a liquidator or administrator.
Personal Property Securities:Â Handling disputes under the Personal Properties Securities Act 2009, including retention of title issues and priority creditors.
ASIC & Regulatory Investigations:Â Assisting directors and individuals with correspondence, investigations from ASIC or other regulatory bodies.
When corresponding or dealing with trustees, liquidators or administrators legal practitioners need a solid understanding of the insolvency processes and the law to assert or protect your legal rights. Insolvency practitioners are impartial and don’t act in the best interests of directors and all parties should ensure they get expert advice to safeguard their interests.
If an issue arises it is highly recommended to seek legal advice, particularly as a director as this can lead to an unfavourable report to ASIC and other adverse repercussions.
Getting quality legal advice will ensure you can navigate insolvency with confidence of having a firm understanding of the legal framework and your options.