Insolvency & business recovery
Business financial distress, creditor concerns and insolvency-related proceedings. The first step is to understand the facts, the relevant documents and the stage your matter has reached.
Matters within this area
- Insolvency-related questions
- Creditor and debtor records
- Business recovery documentation
What to bring
Bring the complete papers, including attachments and previous responses. Useful starting documents can include the following.
- Contracts and debt records
- Entity and financial information
- Notices and existing proceedings
Questions before we speak
How do I arrange a conversation?
Call or email the office with your preferred time and a brief description of the subject. Arrange the discussion before sending sensitive documents.
Can you assess the likely result from a short message?
A meaningful assessment depends on the facts, complete documents, applicable law and procedural stage. A short message is a starting point for arranging that review.
Guides for this area
Browse all 15 guidesInsolvency proceedings and an unpaid business debt
The IBC is a statutory insolvency process with consequences for the debtor and creditors collectively. It should not be treated as a guaranteed substitute for an…
BusinessFinancial debt and operational debt under the IBC
Identify the legal nature of the debt from the transaction, not just the label in an invoice or ledger. Different creditor categories have different application…
BusinessAn operational-creditor demand notice
A section 8 demand is a specific statutory step. An ordinary reminder or legal notice should not automatically be assumed to satisfy its requirements.
BusinessA pre-existing dispute and an operational-debt application
Preserve the dispute record from before the statutory demand. A genuine earlier dispute can be material to the operational-creditor route.
BusinessA financial creditor’s insolvency application
Evidence of the debt and default is central, but classification and statutory eligibility must also be established. A security document alone may not supply the…
BusinessA company considering its own insolvency application
Assess the corporate applicant's eligibility, authority and current financial position before choosing a process. Internal financial distress does not remove…