INSOLVENCY & RESTRUCTURING

We advise businesses and their directors on options for restructuring, refinancing and turnaround. Our aim is to help clients identify viable alternatives to formal insolvency where possible, including informal creditor negotiations, company voluntary arrangements, restructuring plans and other mechanisms available under the Insolvency Act 1986 and the Corporate Insolvency and Governance Act 2020.

Creditor Services

We act for creditors seeking to protect and enforce their rights, including secured and unsecured creditors, landlords, suppliers and guarantors. Our work includes statutory demands, winding-up petitions, proof of debt, enforcement of security, challenging transactions at an undervalue and pursuing claims against directors.

Debtor Services

We advise companies and individuals facing insolvency on their options and obligations, including the duties of directors when a company is insolvent or approaching insolvency. We provide guidance on administration, creditors' voluntary liquidation, compulsory liquidation, individual voluntary arrangements and bankruptcy.

Directors' Duties & Personal Liability

Directors face significant personal exposure when a company becomes insolvent. We advise on the duties arising under the Companies Act 2006 and the Insolvency Act 1986, including wrongful trading, fraudulent trading, transactions at an undervalue and preferences. Early advice can be critical in managing risk and avoiding personal liability.

Cross-Border Insolvency

We have particular experience in insolvency matters with an international dimension. Following the end of the Brexit transition period, the recognition and enforcement of insolvency proceedings between the UK and other jurisdictions requires careful navigation. We advise on applications for recognition under the Cross-Border Insolvency Regulations 2006 (which give effect to the UNCITRAL Model Law), as well as the practical and procedural challenges of protecting assets and enforcing rights across borders.

Key Services Include

  • Company restructuring and turnaround advice
  • Administration and liquidation
  • Creditors' voluntary arrangements and company voluntary arrangements
  • Winding-up petitions and statutory demands
  • Proof of debt and dividend claims
  • Directors' duties and wrongful trading advice
  • Transactions at an undervalue and preference claims
  • Cross-border recognition and enforcement of insolvency proceedings
  • Individual voluntary arrangements and bankruptcy

Expert:

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antonio.arenas@scornik.com
ANTONIO ARENASSee profile