We can assist you to pursue assets in the hands of the insolvent company, its directors or a third party. We can advise on retention of title clauses and on tracing procedures. We can advise directors of their responsibilities when concerns arise about possible insolvency. We can advise creditors as to directors’ obligations and duties. We can advise insolvency practitioners and assist with investigations in relation to wrongful and fraudulent trading, breach of duty and misappropriation of property by directors. We advise in relation to retention of title clauses, often an important consideration for creditors when insolvency occurs. We also advise as to the enforcement procedures in relation to property which is the subject of retention of title disputes. Litigation and disputes can arise following an insolvency. Sometimes resources are limited and the litigation funding options need careful consideration. We can assist. We can assist in drafting Statutory Demands, and Winding Up Petitions and pursuing compulsory winding up orders. We can also assist the company in defending a Winding Up Petition, obtain a validation order or an injunction to prevent the advertisement application. We advise on evidence and procedures in contested cases. |