Insolvency, Bankruptcy and Restructuring

We understand that financial obligations, cash flow issues and operational risk exists by virtue of engaging in business, which is why – even with the best intentions, you may find yourself in a position where you are unable to pay debts when and as they fall due.

As the insolvency and bankruptcy provisions are riddled with comprehensive and complex legalities, it is of upmost importance to have a responsive, knowledgeable and experienced lawyer who can provide tailored insolvency, bankruptcy and restructuring solutions.

Whether you are a business owner, creditor, shareholder or insolvency practitioner, we move quickly to understand your objectives, identify key issues and develop direct, realistic and practical solutions to address opportunities or threats which arise in insolvency, bankruptcy and restructuring.

As the insolvency and bankruptcy provisions are riddled with comprehensive and complex legalities, it is of upmost importance to have a responsive, knowledgeable and experienced lawyer who can provide tailored insolvency, bankruptcy and restructuring solutions.

Whether you are a business owner, creditor, shareholder or insolvency practitioner, we move quickly to understand your objectives, identify key issues and develop direct, realistic and practical solutions to address opportunities or threats which arise in insolvency, bankruptcy and restructuring.

Insolvency

As businesses grow, so too do their financial obligations, cash flow issues and operational risk, which is why it is not uncommon for companies or individuals to find themselves in a position where they are unable to pay debts when and as they fall due. 

If you or someone you know finds themselves in this position, there are a number of options available. The most common corporate insolvency procedures for an insolvent company are liquidation, voluntary administration and receivership, whereas personal insolvency procedures for an insolvent person include bankruptcy and personal insolvency agreements.

Due to our extensive commercial experience, we understand the obligations and rights of creditors and debtors, which is why we are able to offer tailored insolvency and restructuring solutions to business owners, creditors, debtors, lenders, developers, buyers and sellers, trustees, investors, commercial lessors and others in all aspects of corporate and personal insolvency.

We combine our knowledge of commercial transactions, corporate processes and insolvency law with our results focused understanding of business needs and objectives to develop an integrated approach to managing the legal ramifications and impacts of insolvency and provide workable solutions that withstand legal scrutiny.

How we can help

  • Prepare and respond to statutory demands
  • Respond to and resolve director penalty notices
  • Assist shareholders and creditors in reaching agreements which allow a company to restructure its capital, assets or liabilities
  • Advise on safe harbour arrangements so that you can protect yourself and your company
  • Appoint a trusted administrator, receiver, manager or liquidator to work through the issues in the company
  • Commence (and defend) winding up applications (including insolvent trading claims, preference claims and uncommercial transaction claims)

Bankruptcy

While bankruptcy can be perceived as an intimidating legal process which carries with it negative connotations, the reality is that bankruptcy serves to protect individuals who experience financial and personal hardships and provide such individuals with relief from their financial burdens – allowing them to make a fresh start.

Our team often works with individuals, creditors, landlords, shareholders, directors, families and trustees in bankruptcy, which is why we are able to offer tailored bankruptcy and restructuring solutions which takes into consideration the needs, objectives and realities of all parties impacted by an individual entering into bankruptcy.

If you or someone you know is considering (or about to enter into) bankruptcy, we can assist by assist by combining our knowledge of bankruptcy law with our results focused understanding of your needs and objectives to implement the most appropriate bankruptcy and restructuring solutions so that you can manage the legal ramifications and impacts of bankruptcy.

We take a no-nonsense approach to protecting you in bankruptcy and will provide you with clear and comprehensive advice, represent you in bankruptcy related investigations or court applications and help you consolidate debts and address claims for recovery.

How we can help

  • Advise you on your rights and obligations in, and consequences of, bankruptcy and assist with the administration of bankruptcies
  • Restructure your personal affairs and finances to control your debts and prevent bankruptcy 
  • Pursue claims against third parties to recover voidable transactions and debts owed to a bankrupt
  • Manage your debt recovery processes so that you can consolidate and recover outstanding debts
  • Prepare personal insolvency agreements, draft letters of demand and facilitate informal arrangements with creditors to satisfy debts

Restructuring

While restructuring your affairs can seem complicated and riddled with legal and financial implications, the reality is that the need to restructure will arise as your circumstances change and it is absolutely necessary you seek early legal advice to restructure your affairs so that you can take advantage of opportunities and eliminate threats to your assets or business.

We appreciate that restructuring your affairs can be a daunting task as there are many moving parts, each of which impact you and your business in various ways, which is why we walk you through the process every step of the way so that you understand your options as well as the advantages, disadvantages and consequences of each option.

As our team often represent small to medium sized businesses, creditors, lenders and investors, we understand what drives the need to restructure and can provide you with tailored restructuring solutions which help you achieve your desired outcomes while minimising and managing the legal and financial implications that arise from a restructure of your affairs.

We are solutions focused and will work with you to understand your circumstances, needs and objectives so that we can suggest and implement the most appropriate restructuring solutions to improve, simplify and de-risk your affairs.

How we can help

  • Advise you on your rights and obligations in, and consequences of, restructuring your affairs
  • Implement streamlined operations to prevent and minimise insolvency, trading and operating risks
  • Establish new entities to protect your business and/or assets 
  • Reorganise ownership and restructure transactions to protect your investments and facilitate the acquisition or sale of your business and/or assets
  • Restructure your personal affairs and finances to control your debts and prevent bankruptcy 
  • Advise on safe harbour arrangements, taxation implications and insolvent trading provisions so that you can protect and your company