Tax and Insolvency Litigation Solicitor

Category: Insolvency Claims

My help during the Pandemic

As an insolvency lawyer it can be sometimes difficult to see how we positively contribute to the human race. In fact I am reminded of the eminent Lionel Hutz when talking to Bart Simpson about a world without lawyers However, this morning it was my honour and privilege to appear (by Skype) before Judge […]

The Mad, the Bad and the Bankruptcy Restriction Order

    The modern personal bankruptcy regime in the UK is intended to be ‘non-judgemental’. Gone are the days of debtors prisons in favour of a culture that recognises that a nation of risk taking entrepreneurs sometimes produces losers. However, there is still a requirement for extreme behaviour to be moderated and controlled. These controls […]

How to deal with your creditors informally

In circumstances where the level of your overall debt means that you are struggling to make repayments as they fall due advice from a specialist insolvency lawyer, whether a solicitor or a barrister is essential. There are occasions however where an informal arrangement may be much preferable to a formal procedure, such an Individual Voluntary […]

Statutory Demands and Personal Bankruptcy

  If you are an individual (as opposed to a company) and you owe money the consequences can be draconian. You would be well advised to seek advice from a specialist insolvency lawyer at the earliest opportunity. The person seeking payment (the creditor) may issue a Statutory Demand (or a “Stat Demand” as it is […]

A Directors’ duty to creditors when insolvency is anticipated

A curious thing happens when a director believes his company is about to be insolvent. Whereas the legal obligation of the director up to this point has been to promote the best interests of the company (Companies Act 2006, section 172) his priority must then change to considering the best interests of creditors. This can […]

The re-use of company names: Danger Beware

  Directors of insolvent companies must exercise extreme caution when re-using either the corporate or trading name of a company that has just gone into insolvent liquidation.  Directors face the risk of claims being made against them by liquidators for personal liability in respect of the debts of NewCo, and/or the prospect of criminal charges. […]

What is a Private Examination

A Private Examination can be a daunting process. A Liquidator has a power to apply to the court to conduct a Private Examination. See here s.236 Insolvency Act 1986. Upon the insolvency of a company an office-holder, such as Liquidator, may make an application to court, to summon before it any officer or any person […]

How to survive a s.236 Private Examination

Specialist bankruptcy lawyer Stephen Chinnery discusses how to deal with a Private Examination – Following the insolvency of a company a liquidator has a wide range of powers to investigate the conduct of former directors. Section 235 of the Insolvency Act 1986 requires that former directors of a company have obligations to co-operate with a […]

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