Personal insolvency
  1. Personal insolvency

    It is widely reported that following the recent economic climate there has been a real pressure on household incomes and individuals’ finances.  

    Personal guarantees that were given to support a business venture in the good times are now providing a stressful reminder that an individual’s home is at risk.  We are increasingly being instructed by individuals who are facing financial difficulties due to no fault of their own.

    We can assist in exploring different ways in which to address financial difficulties, whether that be through informal negotiation with creditors or by assessing the risks/benefits of a more formal insolvency process, such as individual voluntary arrangements (IVAs) and bankruptcy.

    We regularly act for individuals who have been served with a statutory demand or a bankruptcy petition and, daunted by the prospect of appearing in court, need advice as to what steps they should take next.

    We also have experience acting for trustees in bankruptcy and have successfully argued for the recovery of the bankrupt’s interest in the matrimonial home on resulting and/or constructive trust principles.

     

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