Commercial law - Corporate and personal insolvency

The primary object of personal insolvency is the rehabilitation of a bankrupt free from the burden of indebtedness. The object of corporate insolvency, in the absence of rescue or creditors’ arrangements, are liquidation and the settlement of creditors’ claims. One of the most important considerations in any company insolvency is whether the creditor has a real (proprietary) claim, or merely personal interest (claim in debt), in the assets of the debtor, because only assets in which the debtor company has an interest are available for distribution to the body of creditors. It is at this point that the law of insolvency and the law of security (or ‘collateral’) intersect.

There is experience at all levels within chambers of advising and representing both creditors and debtors, receivers, administrators and liquidators in relation to insolvency proceedings.