Insolvency / Bankruptcy
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Our Insolvency & Bankruptcy team of lawyers understands the importance of early intervention, prompt advice and action when it comes to the financial distress of a business or an individual.
We take a collaborative approach, working with you and your financial advisors, to develop a carefully tailored plan to assist in solving your problems.We pride ourselves on our ability to present our advice in clear and simple language.
We can assist with the following:
- Corporate insolvency and administration
- Shareholder actions to wind up corporations
- Helping individuals who are declared bankrupt, have been threatened with bankruptcy or are considering voluntary bankruptcy
- Acting for receivers, liquidators and trustees in bankrupt estates
- Acting for businesses in negotiating with their banks and or creditors to avoid liquidation
- Defending directors in claims of insolvent trading and other fallout from a corporate collapse
Expertise
- Successfully defending a claim for unfair preferences and insolvent transactions in the liquidation of a company on behalf of a corporate client.
- Assisting a client to appeal the rejection of a proof of debt claim (totalling over $1.5 million) in the liquidation of an insolvent trade creditor.
- Pursuing claims for unfair preferences and insolvent transactions on behalf of liquidators.
- Drafting a Deed of Company Arrangement on behalf of administrators to permit a company to continue trading and returning a better outcome to trade creditors, while avoiding a winding up action commenced by the Australian Taxation Office.
- Advising insolvency practitioners in relation to unfair preference payments and conducting court proceedings to recover same
- Assisting clients with personal bankruptcy queries, including negotiating with the bankruptcy trustee, creditors, financial institutions and the Australian Taxation Office.
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For information on bankruptcy - https://www.afsa.gov.au/
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