Insolvency & Corporate Recovery Experience

Bertelsmann SE & Co. KGaA: Advising a German creditor and ultimately applying for the annulment of bankruptcy orders obtained by two of its debtors who have engaged in cross-border forum shopping or “bankruptcy tourism” by moving to the West Midlands for the purpose of being declared bankrupt under English law to try to avoid substantial ongoing litigation in Germany. On the eve of the hearing the debtors consented to their bankruptcies being annulled and the bankruptcy petitions being dismissed as requested by the creditor based upon lack of jurisdiction, and to a costs order in favour of the creditor.
Advised the liquidator in relation to a second appeal to the Court of Appeal in March 2014 in respect of transactions at undervalue and/or preferential payments contrary to sections 238 and 239 Insolvency Act 1986. The case (which concerned a failed Dubai property investment company run from the Midlands which neglected to pay investors’ money over to the property developers) was a significant case in insolvency in 2014. The liquidator was successful in resisting the appeal and the case is now a leading authority on a key requirement in antecedent transaction claims made by insolvency practitioners.
We represent the former directors of an insolvent company in defending claims brought by the liquidators in relation to allegations of wrongful trading and also misfeasance under the provisions of the Insolvency Act 1986.
Acted for the directors in purchasing outlets back from Administrators and advised on duties and responsibilities under the Insolvency Act.
Acted for an overseas bank in a bankruptcy tourism case which related to a customer against whom it had a large claim, and who had relocated to England in order to be declared bankrupt. The petition was successfully dismissed.
Advising a lender who is subject to a large claim by a liquidator in relation to goods purchased allegedly undervalue.
Reconstruction/Refinancing: This matter involved the reconstruction and refinancing of a large group of companies. There were multiple banks involved providing a wide variety of different types of funding. This was a high intensity deal.
Charity insolvency: We advised the client on the duties of directors/trustees and where there had been a breach of such duties. We also advised on fraud issues.

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