When their financial obligations fall due, the incidence of insolvency arises. A creditor may have commenced insolvency proceedings by way of a Winding Up Petition (in the case of a company) or a Bankruptcy Petition (in the case of an individual).
When matters of insolvency and recovery arise, our Bankruptcy Barristers can give strategic and tactical legal advice to administrators, liquidators, company directors, creditors, and debtors alike on their essential next steps.
Our approach to legal practice is always to articulate creative and value-adding solutions for clients whilst delivering timely, efficient, and affordable professional services. All clients conduct their affairs within a legal context, and Mercantile Barristers’ role is to advise on the conduct of their transactions and affairs in ways that avoid conflict and disputes.
Whether by adjudication, arbitration, or litigation, Mercantile Barristers members will adopt a firm, swift and decisive approach to achieve the best possible results for clients within the shortest time. We recognise that no two cases are the same, so we will adapt our style to suit the occasion.
Yes, but this is only possible if your business has a solid financial plan. Be realistic and set timelines to goals.
In England and Wales, bankruptcy lasts 12 months, and during this period, you would be referred to as an undischarged bankrupt. After 12 months, you will be free of your debts, but they will remain on your credit score for six years. If asked, you must answer honestly about your bankruptcy if creditors ask, even if six years have elapsed.
Bankruptcy is a type of insolvency, it is a way out of insolvency, but there are also other options.
Bankruptcy is a legal process, whereas insolvency is a state of financial distress.
This is a severe statement of intent that creditors issue; it showcases their intention to shut down your company due to unpaid debts. It is the most vigorous action a creditor can take against a business and is the next step after a statutory demand for payment has been ignored.
As a rule, where a debt is owed by a company, a petition may be issued if the debt is due now; the creditor has demanded it, and it remains unpaid; the debt is undisputed, and the debt is £750 or more. Where the debt is owed by an individual, the creditor can only serve a Statutory Demand or file a Bankruptcy Petition where the debt is for £5,000 or more.
When you claim insolvency, your assets will no longer be considered your property. An official receiver or a licensed insolvency practitioner will manage assets, and many valuable assets will be sold off to pay your debts, such as property and vehicles.