Insolvency Litigation

Insolvency Litigation is a specialism in which the team constantly excels.

We have a proven track record of advising insolvency practitioners on potential causes of actions and bringing insolvency claims to recover assets for creditors.

We pursue more straightforward claims, such as monetary or matrimonial home realisation claims as well as more complicated claims which require detailed investigation and the unravelling of trust structures.

Work handled

  • Antecedent Transactions claims, including Transaction at Undervalue, Preference and Transaction Defrauding Creditors claims
  • Misfeasance / Wrongful Trading / Fraudulent Trading claims
  • Property realisation claims
  • Recovery of assets located overseas
  • Company claims, including illegal dividend and breach of duty claims
  • Investigations, including s236 & s366 applications and private examinations
  • Asset Recovery 

Recent Work

  • Lemon & Wood v Chawda - Issuing possession proceedings to realise an investment property, involving a two day trial which decided the bankrupt's spouse could not rely upon the equity of exoneration. Investigating a series of complex property sales and purchases which were intended to hide assets from creditors. Freezing Order obtained against the Bankruptcy and family. Claim settled at mediation.
  • Successfully advising a Trustee in Bankruptcy who challenged a matrimonial order made by consent as a void disposition. The Bankrupt had transferred his interest in the £1 million matrimonial to his wife prior to his bankruptcy.
  • Acting for the petitioning creditor to seek the appointment of a Provisional Liquidator over a Company. Assisting the Provisional Liquidator with his investigations and the making of a winding up order. Investigating and pursuing claims on behalf of the Liquidator for Fraudulent Trading, Wrongful Trading, Misfeasance, Breach of Directors Duties and Breach of Trust.
  • Stonham v Ramrattan - Acting for a Trustee to set aside a transfer of a matrimonial home from husband to wife which was a sham or alternatively a Transaction at Undervalue. In particular, defeating an appeal by the Bankrupt to the Court of Appeal on the basis that the 3 year period under section 283(A) Insolvency Act 1986 applied to antecedent transaction claims.
  • Acting for the Trustee in Bankruptcy of a former director of a property and haulage business to obtain passport confiscation and world wide freezing orders against the Bankrupt, her husband and an offshore Trust resulting in the realisation of an Indian Ocean seaside villa and a six figure sum from South African bank accounts. In Bulgaria the Trustee successfully set aside the transfers by the Bankrupt to her husband of four Black Sea holiday apartments valued in excess of €500,000, and recovered 15 pieces of valuable artworks concealed by the bankrupt, including 3 sketches by Picasso.

Pomeroy David 195

 

In Restructuring, the challenge is ensuring everyone is commercial and pragmatic

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Meet the team