Insolvency litigation
VWV has a dedicated insolvency and business restructuring team led by partners with over 50 years' experience in advising on all aspects of insolvency litigation, whether in corporate or personal situations.
We have a thorough understanding of the practical and commercial issues facing insolvency litigation practitioners, as well as all other stakeholders impacted by insolvency. This allows us to adopt a holistic approach to our advice and support for you.
Quick Enquiry
Claims by creditors
- Prior to formal insolvency we can assist creditors in serving statutory demands, issuing winding up and bankruptcy petitions, and making administration applications to Court
- We help individuals and companies to set aside statutory demands and apply for injunctive relief to prevent the advertisement of petitions.
- We regularly represent both creditors and debtors at hearings of winding up petitions and bankruptcy petitions and also assist with validation order applications.
- Where a CVA proposal or other restructuring scheme has been put forward, we can advise creditors on their rights and assist in putting forward modifications or submitting challenges where a creditor has been unfairly prejudiced or if there is a material irregularity.
- Following insolvency we can assist creditors in submitting claims to insolvency practitioners; attending creditors' meetings, enforcing security, applying set-off and recovering assets using retention of title.
- We can assist you to bring guarantor action whether a personal guarantee or corporate guarantee is being enforced and advise you on your enforcement options.
Claims against directors and former directors
- We regularly act in relation to misfeasance claims, wrongful and fraudulent trading, breach of duty and breach of trust claims and the repayment of directors' loan accounts and the clawback of illegal dividends.
- We advise on all aspects of Directors' Disqualification proceedings and undertakings; and can assist in applications to seek leave to act as a director in circumstances where you have been disqualified.
- We advise on the provisions of s216 and s217 of the Insolvency Act 1986 and the ability to re-use a prohibited name following liquidation.
- We assist in defending personal guarantees which have been called upon and advise on charges over property that creditors may seek to enforce.
Claims by liquidators, administrators and trustees in bankruptcy
- We advise on the clawback of antecedent transactions such as transactions at an undervalue, preference claims and transactions defrauding creditors.
- We act in relation to sale and possession proceedings for the recovery of property by Trustees in Bankruptcy; and can assist in assessing the applicability of equitable exoneration and occupational rent.
- We advise in respect of requests for information or delivery of documents in connection with sections 236 and 366 of the Insolvency Act 1986 and can also advise on both public and private examinations.
- We represent bankrupts in relation to annulment applications as well as applications to suspend discharge and also in relation to income payments orders, and bankruptcy restrictions.
- We advise on all aspects of asset tracing and restitutionary claims, including emergency applications and injunctive relief.
For practical advice and support from experienced insolvency litigation solicitors, please contact Ed Husband on 0117 314 5233 or Ambuja Bose on 020 7665 0990.
