Doncaster Office
Sheffield Office

Insolvency Issues

You may come across the situation where a business or an individual admits to owing you money but is unable to pay.  In those circumstances it may be appropriate to consider commencing insolvency proceedings against the debtor.

Whilst insolvency proceedings should never be used to seek to recover a debt that is genuinely disputed, in appropriate circumstances it may be the only way in which you can seek to recover the monies owed to you.

Our Business Disputes Team is experienced in all aspects of insolvency and is able to advise and assist in the following matters:-

  • Serving a Statutory Demand, if appropriate;
  • Applying for a Winding Up Order against a Company;
  • Applying for a Bankruptcy Petition against an individual;
  • Appointing a Liquidator or Trustee in Bankruptcy

You may also experience a creditor who is threatening you with insolvency proceedings which you wish to dispute.  A Winding Up Petition or a Bankruptcy Petition can be opposed in certain circumstances such as the debt is genuinely disputed, you have a claim against the creditor which would extinguish or exceed the amount being pursued or that you do have the ability to pay the debt.

If a creditor is threatening you with insolvency proceeding,s we can advise and assist you in the following:

  • Applying to set aside a Statutory Demand;
  • Applying for an injunction to prevent the presentation or advertising of a Winding Up Petition;
  • Applying for a Validation Order to enable you to continue to trade pending the hearing of the Winding Up Petition;
  • Opposing the making of a Winding Up Order or a Bankruptcy Order in Court.

Our Business Disputes Team is also experienced in advising and assisting Liquidators who have been appointed after a Winding Up Order has been made against an insolvent company.  We can assist Liquidators in dealing with:

  • Recovery of book debts;
  • Pursuing claims for wrongful or fraudulent trading;
  • Pursuing Directors for misfeasance;
  • Transactions at an under value.

Whatever the insolvency issue our Business Disputes Team is able to assist, but as always where potential issues arise the sooner you seek advice the better.

We can help you with any of the following:

Insolvency Issues

Call our team today for help and advice

01302 341 414 0114 272 1884
Disputes Team Our Disputes team is headed up by Emma Cornell; the group covers a wide range of disputes including, personal injury, medical negligence, professional disputes and business disputes Meet the team

Contact the

Business Disputes Team

If you are looking for Litigation experts to help you with Business Disputes needs, our team will give you a call back at the earliest opportunity. Alternatively, you can call our Doncaster office on 01302 341414 or our Sheffield office on 0114 272 1884
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