We advise office holders on the investigation and recovery of assets, including claw-back and misfeasance claims as well as directors on their unique responsibilities in insolvent situations, helping them make informed decisions, defend against claims such as misfeasance or disqualification, and ensure actions are aligned with creditor interests.
Similarly within personal insolvency, we support trustees in bankruptcy in the recovery of assets. We also help individuals explore options to manage financial difficulties, including informal negotiations or through a formal process, including defending statutory demands or bankruptcy petitions.
Our experience includes:
- Launching an application to challenge a complex CVA involving indebtedness of EUR5bn across a worldwide group.
- Pursuing (for the officeholder) and defending (acting for director) claims for breach of duty, unlawful dividend and transactions at an undervalue/preference.
- On the personal insolvency side, acting for trustees in bankruptcy (including cross-border) on recovery action concerning void dispositions, transactions defrauding creditors and sham trusts.
