HomeCase studiesPrivate clientsPersonal insolvencyUsing sound technical arguments to negotiate a favourable settlement for a director facing bankruptcy

Why the client needed our help

The client, whom we had, in the past, successfully defended against director disqualification proceedings, was now in the midst of his appeal against an application to set aside a statutory demand issued against him. He urgently needed our help because, despite his appeal, the creditor claimant had presented a bankruptcy petition against him which was coming up for hearing.

How we helped

We assisted firstly by securing a lengthy adjournment of the bankruptcy petition hearing, pending determination of the appeal process. We then set about lodging additional documents to ensure compliance with the appeal process. Following this, and with the assistance of a barrister, we formulated strong technical arguments supported by authority to be run on behalf of our client which we raised with the claimant. We were able to use the strength of those arguments to negotiate a settlement of the overall claim on behalf of our client.

The outcome

The settlement we achieved was a great result for our client: the settlement sum paid was significantly less than the overall claim, including legal costs. Our client was no longer at risk of being made bankrupt and could now move on from what had been a very stressful episode for him.

Key contacts

Sue Brumby

Sue Brumby

Senior Associate

Carly Moore-Martin

Carly Moore-Martin

Senior Associate

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