Insolvency

The insolvency process is a complex one, demanding not only technical ability, but equally, sound commercial judgement. Birketts has a proven record in providing advice which is both meticulous and commercially sound.

We are able to offer a blend of skills across complementary niche areas well suited to the needs of business support teams at banks, to corporates and individuals in financial difficulties and to insolvency practitioners.  The depth and range of our expertise means we can provide legal services on cost effective terms, even to the largest and most complex of transactions.  Our expertise spans all levels, from acting for banks attempting to ‘work out’ a problem customer to corporates or individuals restructuring their debts and from advising administrators of multi-national companies to trustees in bankruptcy appointed on the Official Receiver’s rota.

The firm’s expertise covers the following areas:

• Administration (companies and partnerships)
• Bankruptcy/sequestration
• Data protection
• Debt for equity swaps
• Disposal of assets on insolvency
• Distressed debt sales
• Duties and liabilities of directors on insolvency
• Enterprise Act 2002 and its impact on corporate insolvency law
• Employment advice, including re-organisations and redundancies, mergers and acquisitions (including TUPE), pensions, share schemes and other benefits
• Insolvency procedures
• Insolvency Act 2000
• Intellectual property rights
• Litigation support, including wrongful trading, antecedent litigation, asset and debt recovery, fraud, “cross-border” and multiple jurisdiction issues
• Pre-packs
• Professional negligence
• Property, including charges and mortgages over land, tenant insolvency and its effect on the landlord, repossession
• Receiverships (LPA, administrative and fixed charge)
• Regulatory issues
• Restructurings, refinancings, work-outs and turnarounds
• Undertakings
• Voluntary arrangements (individual, partnership and company)