Insolvency disputes

Insolvency disputes

At Forsters, we understand the multifaceted nature of insolvency disputes and provide strategic, tailored advice to navigate these complexities and the relevant legislative framework. We advise a range of clients in this context, including companies, directors, creditors, insolvency officeholders and purchasers of insolvency claims.

Our team excels in devising and executing strategic litigation plans tailored to the specific circumstances of our clients. We recognise that different parties involved in insolvency situations have distinct needs.  Directors, for example, often face significant pressure during  times of financial distress and require clear, strategic advice on not only how to deal with creditor claims against the business but also how best to comply with their personal obligations and to protect themselves against claims for wrongful trading or misfeasance.

On the other side of the fence, we have particular experience in acting for insolvency officeholders in pursuing claims against directors and against third party beneficiaries of antecedent transactions (including claims for preferences, transactions at an undervalue and transactions defrauding creditors). We also have significant expertise in advise creditors on their options for recovering debts from companies in financial distress, including the service of statutory demands and the issue of winding up petitions.

Our proactive approach ensures that we not only respond effectively to insolvency disputes but also anticipate potential issues, providing our clients with the foresight and guidance needed to achieve the best possible outcomes.