Insolvency of companies or individuals is at times inevitable. At that stage, creditors who are left without significant payment have many questions.
These can be about the conduct of the former directors of an insolvency company. The question may be about whether those appointed as Administrators or Liquidators of a company have been correctly appointed in the interest of the creditors and not the former directors to help close a company down.
We have been engaged by clients to advise on challenging the appointment of Administrators or the decision of individuals to enter into bankruptcy to hide assets and evade creditors.
Our experience of predominantly advising claimants in fraud cases has enabled us to advise on challenging the conduct of parties seeking to use the insolvency process to hide assets and remove themselves from potential liability.
Our expertise is also called upon to aid recovery from former directors of insolvency companies who have breached insolvency legislation, for example, making preferential payments to themselves as opposed to creditors, trading fraudulently or undertaking transactions at an undervalue or to defraud creditors.
On occasion, we have identified legal action that can be taken directly against the directors of companies (for example fraudulent misrepresentation claims) outside of the scope of an insolvency process to help clients gain some recovery.
If you are a creditor affected by insolvency and consider there has been dishonest actions leading to your loss, we have the experience to assist.