Restructuring & Insolvency: Don’t distress

In today’s changing global economy, the risk of business insolvency and the requirement for restructuring has become an ever-present concern. But often there are solutions to be found. Our restructuring and insolvency team works with insolvency practitioners, creditors, debtors, investors, companies facing financial crisis and financial institutions, providing advice and support in turnaround, restructuring, bankruptcy and winding up proceedings, and other general insolvency issues and disputes.

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Mark WhelanPartner, Head of Dispute Resolution & Insolvency

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"Direct partner involvement in transactions, even when the day to day drafting is being dealt with by a junior lawyer. Their main strengths are in knowing their clients so being able to deal with issues expeditiously without needing client involvement for all the minutiae of the transaction; that and an uncanny ability of overcoming items that other lawyers see as problems. They are a firm who simply get the deal done in the best interests of their clients."

Legal 500, 2020

In detail

At Memery Crystal, we handle turnaround, restructuring and insolvency issues across a range of areas, including corporate collapses, commercial property, tax, and insolvency-related litigation. We advise numerous insolvency practitioners on IVA and CVA matters as alternatives to compulsory liquidation, including disputes with creditors and other interested parties arising out of such agreements.

Our turnaround experts develop strategies to help managements in distress promote stability across their finances and to take measures to retain and enhance value in their business. Our multi-sector experience enables us to identify the key drivers for change and turnaround.

Rapidly developing government support to avoid corporate failure will demand real-time, pragmatic review by your advisers. Underwritten loans, carefully positioned within your overall funding, may provide a bridge to the future and existing debt will be more open to creative restructuring. Further new government proposals will come and must be assessed immediately to help you make the right decisions.

Together with opportunities for creditor management and negotiated tax deferrals, the armory of turnaround specialists is being extended as never before.

For clients going through levels of distress we work with them to improve their position in terms of liquidity, cash flow, finance and restructuring.

Our restructuring and insolvency team has also acted in cases involving breach of fiduciary duty and applications for the appointment of provisional liquidators, worldwide freezing orders, receivership orders, search orders, passport orders and various disclosure orders.

If you or your business might be in need of restructuring, or is facing insolvency, we have the knowledge and the expertise to help guide you through these difficult times.

Recent matters

  • Successfully petitioned in the English Companies Court for the winding up of a foreign-based company, having rebutted the presumption that an entity’s Centre of Main Interests is located in the jurisdiction of its registered office.
  • Advised the Supervisor of an IVA in connection with a creditor’s challenge to the Agreement under section 262 of the Insolvency Act 1986.
  • Successfully acted for a Trustee in Bankruptcy in an application under the Charging Orders Act 1979 to discharge a Final Charging Order obtained by a debtor on fraudulent grounds immediately prior to his bankruptcy.
  • Acted for a Liquidator in the recovery of sums due from a Director under an Agreement arising out of a Director’s Loan Account.
  • Successfully obtained a bankruptcy order on behalf of the Supervisor of an IVA following the individual’s breach of the Agreement.

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taxonomy="practice" taxonomy_terms="restructuring-insolvency" taxonomy_operator="IN"

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Mark WhelanPartner, Head of Dispute Resolution & Insolvency

Contact Mark