Business Insolvency

Geldards’ multidisciplinary team advises on all aspects of Business Restructuring and Insolvency. We regularly work with individuals and companies ranging from small owner-managed businesses to FTSE 100 companies with expertise in the manufacturing, automotive, sport, healthcare and life sciences, retail and food sectors. We are also known for our work with public sector organisations and central government.

Directors and Companies

We provide comprehensive guidance for companies in financial difficulties and their directors on all aspects of restructuring as well as formal insolvency procedures such as liquidation, administration and voluntary arrangements.

Our expertise includes:

• Restructuring and rescheduling of debt
• Refinancing, share buy-backs and reductions
• Purchases of businesses out of administration and liquidation
• Dealing with a statutory demand/winding-up petition
• Directors duties and responsibilities
• Defending claims by administrators and liquidators relating to misfeasance, transaction at undervalue, preference, outstanding directors’ loans and unlawful dividends
• Disqualification proceedings and applications for permission to act whilst disqualified
• Advice on future trading

Insolvency Practitioners

We deliver pragmatic and clear advice to officeholders involved in corporate and personal insolvency. We advise on all aspects of litigation, high-value asset tracing, corporate finance, property and employment law including:

• Advising administrators, liquidators and trustees in bankruptcy on all aspects of their appointments
• Asset tracing, preservation and recovery including applications for delivery up of goods and freezing injunctions
• Investigation and enforcement
• Asset sales including the disposal of freehold and leasehold property
• Landlord and tenant issues, title, easement, forfeiture, CRAR and other enforcement measures
• TUPE, staffing issues, employment claims and redundancy
• Pursuing antecedent transactions including transactions at undervalue, preference and transactions defrauding creditors
• Proceedings against directors including misfeasance, breach of duty, directors’ loan accounts and unlawful dividends
• Cross-border transactions and recoveries with a particular focus on Europe, the United States and Asia

Insolvency for Creditors

We provide comprehensive and commercial solutions for creditors and other insolvency stakeholders on all aspects of the insolvency process. Our specialist skills deliver tailored strategies for national and international asset recovery and enforcement including:

• Debt recovery and enforcement of security
• Statutory demands, petitions for winding up, administration and bankruptcy orders
• Advice regarding invoice and account fraud, asset dissipation, misrepresentation and recovery
• Asset tracing and rapid response such as applications for delivery up of goods and freezing injunctions
• Providing proofs of debt, challenging an office holder’s decision
• Advising on voluntary arrangement proposals
• Advising landlords and tenants on issues arising from insolvency

Related expertise include: Commercial Disputes, Corporate Restructuring, Debt Recovery, Personal Planning for Business Owners, Redundancy & Business Transformation.