Bankruptcy

Bankruptcy, or personal insolvency, is a real risk for everyone involved in business. Our bankruptcy team provides clarity and a way forward, whether we are supporting trustees in bankruptcy in their roles or guiding our commercial clients through difficult financial circumstances.

We have a knowledgeable team lead by senior practitioners who specialise in Bankruptcy related advice, investigations, appointments, court applications and recoveries. You can have confidence we can manage and assist you to achieve your desired outcomes.

We also have experience with corporate insolvency and restructuring and reconstruction.

We bring a detailed understanding of personal insolvency law, coupled with a subtle, results focused appreciation of commercial realities. Our goal is to find workable solutions that will withstand legal scrutiny.

Our clients in the personal insolvency area include trustees in bankruptcy, individuals, institutional and private creditors, landlords, shareholders, directors and families of the individual debtor and we have extensive experience with all forms of personal insolvency including Part X applications, Personal Insolvency Agreements and court ordered bankruptcies.

If you are a trustee in bankruptcy, we are experts in:

• Drafting legal documents, including Personal Insolvency Agreements.

• Pursuing claims against third parties to recover voidable transactions and debts owed to the bankrupt.

• Assisting with the administration of bankruptcies.

• Acting and advising in relation to creditor’s meetings.

If you are an individual, we are experts in:

• Communicating and negotiating mutually agreeable ways forward with creditors, and hopefully avoiding costly legal action.

• Defending a statement of claim where there is a genuine dispute as to the debt owed and running the matter if no other solution can be found.

• Advising you on your options to obtain control over your debts.

• Representing you at creditors petition proceedings.

If you are a creditor, we are experts in:

• Drafting letters of demand and attempting non-litigious methods of recovery.

• Commencing and running proceedings to recover debts in all jurisdictions, depending on the size of the claim, from statement of claim to winding up application or creditors petition.

• Considering the available options with a view to pursuing the option with the highest likelihood of full recovery, always being mindful of costs.

• For those owed money by a business that is (or is suspected to be) insolvent, achieving a commercially viable outcome with recourse to costly court action as a last resort.