Insolvency Litigation areas of Specialism

Asset recovery and realisation

We regularly act for insolvency practitioners in respect of bankruptcy/liquidation assets located both domestically and overseas, especially property.

Misfeasance claims

A popular claim brought by liquidators typically where a director has allegedly misapplied money or other property of the company and/or breaches their duties as a director. Both individual directors and insolvency practitioners have instructed us in relation to such claims.

Preferences

Paying one creditor in preference to another may result in a claim being brought against that creditor by a trustee in bankruptcy or liquidator. We act for both insolvency practitioners and individuals / directors faced with such claims. Andy Wilks is currently acting for a director in defending a multi-million pound claim.

Transactions at an undervalue

If you dispose of an asset for free or for less than its true value then action may be taken to recover the resulting loss in the event of insolvency. We routinely act for insolvency practitioners in pursuing the recovery of such assets and have also represented individuals / directors faced with such claims.

Transactions defrauding creditors

We have acted for insolvency practitioners and individuals in relation to such claims.

Wrongful trading

If you are a director of a company which goes into insolvent liquidation and it is found that you knew or ought to have known that this would happen, then you can be ordered to pay a contribution to the loss caused to creditors. We regularly act for directors and insolvency practitioners in relation to such claims.

Bankruptcy annulments

We often act for bankrupts who wish to annul their bankruptcy (either by disputing the making of the bankruptcy order or by payment of the bankruptcy debts) and also trustees in bankruptcy in such situations.

Examinations of bankrupts, directors and other individuals

We regularly act for Insolvency Practitioners in respect of such matters but have also acted for individuals facing examination.

Income payment agreements and orders

We act for trustees in bankruptcy in either agreeing an income payment agreement with a bankrupt, or applying to court to obtain an income payments order in the event that such negotiations are unsuccessful.

Retention of title

We act for both creditors and insolvency practitioners in relation to retention of title issues and have experience of applying to court should negotiations not resolve matters.

Remuneration challenges

Having brought one of the very first successful remuneration challenges, we are well versed in both bringing and defending such applications.

Cross-border issues

Recent instructions include bankruptcies with assets in Scotland and the Caribbean. We have also advised EU nationals on English bankruptcy procedure.

The team is renowned amongst clients for being diligent, thorough and responsive yet approachable and is headed up by Partner Andy Wilks and supported by Senior Associate Stuart Lindley.

For more information, please contact Andy Wilks:

Andy Wilks Profile
andy.wilks@franciswilksandjones.co.uk
Tel: 020 7841 0390