Our insolvency barristers are regularly involved in shareholder disputes and litigation within companies. We are highly experienced specialists in company insolvency and corporate restructuring.
As a general 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 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 Insolvency 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.
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.