Have You Been Contacted By An Insolvency Practitioner?

You may be a creditor of an individual who is subject to bankruptcy proceedings or an Individual Voluntary Arrangement, or alternatively you may be a debtor who is subject to these same arrangements.  Alternatively, you may be a third party or spouse of a bankrupt individual who has a property interest or who was a party to a transaction pre-bankruptcy.

Francis Wilks and Jones can assist in dealing with such correspondence with a view to minimising any exposure you have and maximising your interests in insolvency.  This includes the following:

  • Assisting and advising on proxy, proof of debt forms and reports received from the Official Receiver or an Insolvency Practitioner in respect of a bankruptcy order made against a debtor and advising on methods of maximising your interests as a creditor.
  • Assisting with the proposal of an Insolvency Practitioner to act as trustee in bankruptcy, appointed at a meeting of creditors convened by the Official Receiver.  The appointment would have the benefit of our personal contact and a trustee who would act more in your interests.
  • Negotiating with trustee where your partner has a joint interest in a jointly owned property/asset/residential home and assisting in ensuring the property is secured for your benefit.
  • Dealing with business disputes, including claims by the trustee where a bankrupt partner/supplier has a claim against you for return of goods or in respect of the value of the bankrupt’s business interests.
  • Dealing with any property possession applications issued by a trustee in bankruptcy against a joint owner who is bankrupt.
  • Negotiating with the trustee where there is a dispute or property held by you or the bankrupt is beneficially owned by the other.  For example, you may have a jointly owned home in which it is intended you own 50% but this is not reflected against the legal title.  We can assist in negotiating and, if required, dealing with civil proceedings to establish this.
  • Advising and assisting on claims the trustee in bankruptcy proposes to issue or has issued in respect of pre-insolvency transactions that you, as bankrupt/spouse/other was a party to.