Overview - Insolvency Litigation
Corporate and personal insolvency
Francis Wilks & Jones LLP’s specialist Insolvency Litigation team has expertise in both personal and corporate insolvency work.
The team acts on behalf of individuals / directors who find themselves with claims against them arising out of corporate insolvency situations as well as bankruptcy scenarios. We also act for insolvency practitioners in insolvency situations.
As a result of this we can genuinely say that we understand all aspects of these claims, having dealt with them for both Claimant and Defendant alike.
Corporate Insolvency
Corporate insolvency litigation work undertaken by the team encompasses all types of situations encountered by officeholders – from the mundane to the entirely novel.
The team is able to advise and assist officeholders in respect of all litigious matters arising under the Insolvency Act 1986, be it in respect of administrations, liquidations, CVAs or LPA receiverships. We regularly act for officeholders in overturning antecedent transactions but also act in more unusual cases, such as validation orders and remuneration challenges.
The team is well versed in general commercial litigation matters, such as defending injunctions. FWJ is also able to offer to officeholders a bespoke collections service which is ideal for recovering ledgers and book debts in corporate insolvency situations and has achieved outstanding levels of recoveries for clients. The collections service team is backed by a state-of-the-art case management system which allows claims to be issued electronically, thereby minimising costs.
For directors, FWJ also has a dedicated director disqualification team which can advise such individuals as to their potential liabilities and has an enviable track record in successfully defending directors from disqualification.
As a result of our service offering, FWJ often receives enquiries from companies seeking assistance in respect of their financial affairs. We refer appropriate cases to officeholder clients.
Personal insolvency
Our particular expertise is acting for officeholders in the investigation and realisation of assets for the benefit of creditors.
We regularly act for officeholders in respect of property realizations, antecedent transactions and transactions defrauding creditors.
The team also has expertise in dealing with less common aspects of personal insolvency, such as examinations, applications for income payment orders and applications for suspending a debtor’s discharge from bankruptcy.
We also act for individuals who wish to annul their bankruptcies and officeholders welcome our involvement as it means that matters are concluded promptly and sensibly.
As a firm recommended by its peers, the team also regularly speak with individuals seeking advice in relation to their financial difficulties. In suitable instances, we refer individuals to officeholder clients best placed to assist them.