Insolvency and Corporate Restructuring

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Our insolvency and corporate restructuring team offers a comprehensive service to insolvency appointees, banks and other creditors, as well as companies and their directors, on the full range of insolvency and corporate recovery issues. We advise on all aspects of insolvency and restructuring law and procedure. We deliver the full range of services which apply to corporate restructuring working with our colleagues to create multi-disciplinary teams from our specialist groups ensuring a high quality multi-faceted and seamless service for our clients. While we act in all sectors, we have particular expertise in contentious insolvency matters in the hospitality, retail and property sectors. We provide practical, focused, commercial advice to our clients.

Our recent experience includes:

Advising a client in the retail sector on resisting a petition brought to the High Court by its landlord to appoint a liquidator and wind up the client’s business on the grounds of alleged rent arrears;

Advising a receiver appointed over a commercial premises on the law and procedure involved in peaceably taking possession of the secured asset in the absence of a court order;

Advising a Dutch demolition contractor in the Examinership of L& M Keating Limited;

Advising US based clinical trials specialist Aperio Clinical Outcomes LLC on the liquidation of Opsona Therapeutics Limited;

• Advising a client in the hospitality sector on resisting a petition brought to the High Court by its secured creditor to appoint an Examiner pursuant to Part 10 of the Companies Act 2014 for the purpose of taking control of the client’s business;

Advising the directors of a company on their responsibilities and obligations under the Companies Act 2014 while trading through the COVID-19 pandemic;

Advising a client in the hospitality sector on the loss of certain monies entrusted to Seneca, a cash-in-transit security company, following its liquidation. Advice included leading negotiations with the liquidator on behalf of all similarly effected Seneca customers;

Advising the joint bankruptcy trustees of a high profile Irish property developer on an issue that arose during the course of his UK bankruptcy as to whether certain pension assets fell into his bankruptcy estate. Irish High Court proceedings were issued against the joint trustees seeking an order determining entitlements. A motion was issued within those proceedings contesting jurisdiction on the basis that the Courts of England and Wales were the appropriate forum within which to determine the matter. We were required to advise on complex matters of EU insolvency law and jurisdictional issues in the Irish proceedings and liaise with English lawyers for the trustees in bankruptcy in English proceedings brought by the joint trustees.

Whitney Moore’s insolvency and corporate restructuring team can assist you in identifying the financial restructuring options available for your business.

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