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Insolvency Litigation

Specialist legal advice in all areas of restructuring and insolvency

We provide a full range of restructuring and insolvency services, in both UK domestic and international markets. We have a long tradition of successful involvement for our clients in corporate restructuring and insolvency, acting for banks and other lenders, corporate debtors, company directors, turnaround investors and managers, insolvency practitioners, corporate purchasers, as well as creditors and other stakeholders. We advise on all the issues associated with restructuring and insolvency, from insurance and debt, through to recovery actions and asset recovery.

What we do in Insolvency Litigation

We provide a full service capability in insolvency, acting for banks and other lenders, corporate debtors, company directors, turnaround investors and managers, insolvency practitioners, corporate purchasers as well as creditors and other stakeholders.

Our expertise includes litigation on behalf of administrators, liquidators, provisional liquidators and other office-holders, both from the UK and overseas, fraud related insolvencies, fraud investigations and asset tracing, asset recovery in large bankruptcies and issues arising from the cross-border insolvency regulations 2006.

Our experience in Insolvency Litigation

We provide below some examples of our work in this area:

  • Contested winding up in both Hong Kong and Bermuda of a Bermudan company operating in Hong Kong – acting for creditor banks and then the provisional liquidators.
  • Acting in the first English case on the insolvency provision of the ISDA master agreement, taking the matter to the Court of Appeal. The issues involved the competing interests of the trade counterparties of North American Steamship Ltd (NASL) and the company's Canadian trustees in bankruptcy (for whom we acted). The counterparties who were otherwise due to pay to NASL, were seeking to avoid contributions to the company's estate under the ISDA terms.
  • Acting for the trustees in bankruptcy of Viren Rastogi, a former director and controlling shareholder of RBG Resources which went into liquidation owing $400 million to its bankers. Now a leading Court of Appeal authority on preventing the automatic discharge of bankruptcy in fraud cases.

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