Mercantile - Insolvency Claims & Bankruptcy
Our Expertise

Bankruptcy

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Expert Legal Problem Solvers

Extensive Professional Industry Experience

Strategic & Tactical Legal Advisory Services

What we do best

Over 10 years of experience.

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).

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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.

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Mercantile Barristers London
We're Experts

Bankruptcy Barristers Experts

  • Company Voluntary Arrangements - This formal payment plan for a struggling company needs to be approved by 75% of creditors (by value) and is designed to help reduce monthly payments. We have worked with companies, directors, creditors, insolvency practitioners and banks/lenders to secure the best possible outcome for our clients.
  • Receivership - A receiver can only be appointed by a floating charge holder, such as a bank or a lender. Our Insolvency barristers have provided legal support for businesses in receivership, banks, and lenders looking to use it to collect a debt.
  • Individual Insolvency- - for example, where a Statutory Demand or Bankruptcy petition has been or needs to be filed.
  • Insolvency Litigation, such as antecedent transactions and director’s claims.
  • Liquidation.
  • Business Recovery.
Why Choose Us

Our Direct Access Barristers

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Multifaceted & Interdisciplinary

Our barristers in London are cross qualified so you don’t have to go from one solicitor’s office on the High Street to barristers’ chambers at the Inns of Court.

Excellent Value

A barrister usually has lower overheads, so this will usually be more economical than retaining the solicitor alone and will cost less than instructing both.

Maximum Efficiency

You get the earliest possible direct access to the specialist – not just when a problem gets to Court. This could save you the headache, heartache and expense of avoidable litigation.

Full Transparency

You will normally know in advance the basis upon which the work will be charged, as well as your advisors view on likely prospects of success.

How we're different

Value Adding Approach

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Our Approach

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.

Mercantile Barristers - Process of Lquidation
Swift & Decisive

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.

Have a Question?

Frequently Asked Questions

Can you recover from insolvency?

Yes, but this is only possible if your business has a solid financial plan. Be realistic and set timelines to goals.

How long does a bankruptcy stay on the insolvency register in the UK?

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.

Is insolvency the same as bankruptcy?

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.

What is a Winding Up Petition?

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.

What happens if a company and an individual owe a debt?

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.

What happens when you claim insolvency?

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.

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