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Insolvency & Reconstruction Services Team
Mundays Insolvency & Reconstruction Services Team understands the need for swift, decisive action and clear advice when insolvency issues arise. It can be a daunting and stressful time. Mundays provides you with a reliable and experienced team that will identify the core issues and help you plan and execute the right solution.
We provide a wide range of advice on insolvency and reconstruction issues to business owners, directors, shareholders, financial institutions, creditors, insolvency practitioners and others.
Corporate Insolvency
Company Reconstructions
Disputes and claims arising in corporate insolvencies
Insolvency for individuals: pre-bankruptcy
Insolvency for individuals: post-bankruptcy
Property Issues
Team Member Profile
We act for both insolvency practitioners and companies not yet in formal insolvency. We provide fast but considered advice to our clients on the options available to them. Where we are involved in the process early we can help businesses avoid one of the formal insolvency procedures. Where that is not possible we aim to achieve the best results quickly and efficiently. We also act for creditors seeking to use any one of the insolvency regimes as a fast and effective means of enforcing a debt. We advise in relation to:
- Administrations
- Administrative receiverships
- Company voluntary arrangements
- Sales by or purchases from administrators, liquidators and receivers
- Insolvent liquidations
See also “Disputes and claims arising in corporate insolvencies”
Examples of recent work in this area include:
- Acting on behalf of companies, creditors and insolvency practitioners in relation to applications for administration orders.
- Advising companies and insolvency practitioners in relation to pre-pack administrations.
- Advising directors on whether to put a company into voluntary liquidation, the alternatives to liquidation, and the implications for them personally should the company go into liquidation or continue to trade.
- Acting on behalf of creditors and directors seeking to put a company into compulsory liquidation.
- Acting for directors seeking to resist winding up petitions served by creditors.
- Advising former directors of a company in administration in seeking a route out of administration for a potentially viable business.
- Advising and negotiating on behalf of the purchasers of the business and assets of a company in administration.
Please contact Neale Andrews or Oliver Jackson
For corporate restructuring and refinancing we work alongside our corporate finance and banking teams. Our banking team has well established relationships with banks throughout the South East and have extensive experience in advising clients in relation to mergers, acquisitions and funding restructuring. We advise in relation to:
- Corporate reconstructions
- Debt restructuring
- Assets and Goodwill Sales
- Turnaround and rescue packages
- Refinancing
- Schemes of arrangement
Some typical examples of the work members of the team have advised on include:-
- Advising a family run London restaurant chain on its solvent reconstruction and division into two separate entities
- Advising a food importer and distributor on its acquisition of a food manufacturing business from joint administrators
- Sale of part of a liquidated company’s business to a new LLP formed by some of the former shareholders
Please contact Neale Andrews, Mark Andrew, or Alex Young
Disputes and claims arising in corporate insolvencies
We act for both claimants and defendants, whether they are insolvency practitioners, creditors or debtors. From our wide experience in this field, we are able to give practical advice on the most cost effective way to realise our clients’ aims. We advise in relation to:
- Debt recovery and enforcement.
- Directors' duties and disqualification issues
- Preferences and transactions at an undervalue
- Employee claims
- Retention of title claims
- Wrongful and fraudulent trading
- Freezing orders and injunctions for the preservation and recovery of assets.
Some typical examples of our work in this area include:
- Advising the directors of their obligations where companies face insolvency. This has included advice not just on restructuring or liquidating the company, but also advice in relation to preferences, transactions at an undervalue, wrongful and fraudulent trading.
- Acting for liquidators in relation to claims to set aside preferences or transactions at an undervalue.
- Acting for liquidators in relation to claims against directors to recover diverted company funds. This has included claims arising from the setting up of phoenix companies or tracing claims to recover assets purchased with company monies.
- Applications, on behalf of liquidators, for the examination of directors.
- Advising a borrower in re-butting the bank’s demands for early repayment of their term loan despite no event of default having occurred.
- Acting for directors defending disqualification proceedings.
Please contact Oliver Jackson
Insolvency for individuals: pre-bankruptcy
The prospect of personal insolvency (bankruptcy) causes tremendous personal stress for those involved. Our aim is to ease these worries by understanding and helping clients face the issues involved, explaining clearly the options that might be available, the procedures involved and then providing the legal support to execute the preferred plan. We also act for creditors seeking to use bankruptcy as a fast and effective means of enforcing a debt. We advise in relation to:
- Bankruptcy
- Individual voluntary arrangements
- Applications to set aside statutory demands
- Annulment of bankruptcy orders
Please contact Oliver Jackson
Insolvency for individuals: post-bankruptcy
We act for insolvency practitioners throughout the South East, advising on the full range of debt recovery and post-bankruptcy issues. Our focus is on reaching a cost-effective and swift solution for our clients which meets the best interests of creditors. We advise in relation to:
- Applications to set aside property disposals as transactions at an undervalue;
- Repossession of the matrimonial home and the rights of the non-bankrupt spouse;
- Applications for income payments orders and the recovery of assets for the bankrupt's estate;
- The examination of bankrupts and other persons;
- Applications to suspend dischargers from bankruptcy.
Please contact Oliver Jackson
Property Issues
Combining our substantial and highly experienced property and litigation teams we provide a comprehensive service covering all aspects of insolvency issues concerning property.
- Law of Property Act receiverships.
- Leasehold property repossessions on behalf of landlords.
- Lease disclaimers and tenants’ applications for vesting orders.
- Forfeiture and distress.
- Property portfolio restructuring.
- Landlords’ rights against insolvent tenants.
- Mortgage repossessions.
We have covered all manner of issues but recent work includes:
- Advising trustees in bankruptcy in relation to the repossession of matrimonial homes (see above).
- Acting for a group of tenants of a block of flats seeking vesting orders in respect of their leases following the insolvency of the intermediate landlord.
Please contact George Georgiou, Oliver Jackson, or James Picknell
Team Member Profiles
Neale Andrews
Oliver Jackson
Mark Andrew
Alex Young
George Georgiou
James Picknell