Insolvency Solicitors & Barristers
The Madison Legal insolvency solicitors and barristers have a wealth of experience acting for and against liquidators, trustees in bankruptcy, administrators, and receivers. We also act for directors and officers.
Our insolvency solicitors and barristers have acted in numerous high value claims including for breach of fiduciary duty, unlawful dividends, preferential payments, transactions at an undervalue and many more.
The Madison Legal Partners have extensive experience of offshore and cross-border insolvency matters, including recognition and enforcement under the UNICTRAL Model and EU Insolvency Regulations.
Claims against Insolvent individuals and companies
The Partners of Madison Legal regularly advise creditors of insolvent or struggling companies and individuals. Our insolvency barristers aim is to provide a litigation strategy from the outset in order to get the best chance of a recovery against an entity that, on the face of it, may not be able satisfy any debt.
Our bankruptcy solicitors are able to offer the following services on behalf of creditors:
- Preparing and serving statutory demands
- Preparing and serving Bankruptcy or Winding Up Petitions and representing the creditors during the process
- Advising on potential insolvency claims and preparing a litigation strategy in order to obtain the best return for creditors with the least risk
- Providing advice in relation to potential claims against directors or office holders of companies for misfeasance or breach of their fiduciary duties
- Providing strategic advice and corporate governance over administrators of the estate of an insolvent entity
- Negotiating with debtors to provide and agree a repayment scheme prior to any insolvency action
Corporate and Personal Insolvency
Madison Legal insolvency solicitors can advise on companies facing winding up petitions or directors being pursued in any insolvency proceedings. We also act for administrators and liquidators in relation to providing strategic advice on potential claims against creditors of an insolvent company and claims against office holders.
How can our bankruptcy solicitors assist you?
- Providing advice to businesses who are faced with insolvency issues and potential winding up petitions
- Applying to set aside statutory demands on behalf of companies or individuals. This may also include applying for the appropriate injunction against the creditors and/or negotiating a payment plan
- Defending Winding Up or Bankruptcy petitions. This may include challenging the underlying debt
- Advising companies and directors on any potential claims, counterclaims or set off claims they may have
- Advising on and preparing annulments of Bankruptcy Orders, for example, applying to set aside Bankruptcy Orders
- Advising the administrators or liquidators of a company of any actions they have against third parties, including the company’s former office holders for breach of fiduciary duties or fraud claims
- Advising administrators of potential claims against third parties and presenting them throughout the litigation process. This may include claims against creditors or against third parties if assets have been knowingly transferred at an under value.
- Advising companies and directors on their duties, responsibilities, liabilities, and risks related to any potential insolvency
Madison Legal insolvency solicitors and barristers has particular expertise in advising on insolvency issues that involve a cross-border element. This includes the recognition and enforcement of any foreign Bankruptcy Order or Administration Order in this jurisdiction under the UNICTRAL Model and EU Insolvency Regulations.
Our bankruptcy solicitors can advise on potential claims and relief in this jurisdiction as well as working with our “friendly firms” from other jurisdictions to manage the insolvency process in two or more different jurisdictions.
What is the role of the trustee in bankruptcy?
The trustee in bankruptcy (trustee) is the insolvency practitioner or official receiver who is appointed to deal with oversea the bankrupt’s estate once a bankruptcy order has been made against them.
The trustee will take over the dealings with the bankrupt’s creditors. All assets making up the bankrupt’s estate will vest in the trustee as soon as the bankruptcy order is made. The trustee’s role is to realise the value of the bankruptcy estate assets. The trustee is equipped with wide-ranging powers to enable him/her to perform this role.
Why choose Madison Legal insolvency solicitors team?
As a litigation law firm of insolvency solicitors and in-house Counsel, led by Daniel Feetham KC, our experienced insolvency team offer a bespoke service that caters for your individual needs from start to finish at what can be one of the most emotionally draining and troubling times of your business’ life.
As specialist corporate and personal insolvency barristers, we are at your disposal to assist with all forms of insolvency related advice. In particular we can assist with cross-border and international offshore dimension issues.
Further, Madison Legal insolvency barristers can advise and represent creditors or administrators from other jurisdictions in relation to potential claims and other interim relief, such an injunctive relief, against creditors in this jurisdiction and/or where there are assets in England & Wales.