Corporate Recovery & Insolvency
Businesses and individuals can find themselves under financial pressure, when markets turn, lenders call in loans or, when customers fail to pay. Navigating the complex web of financial distress and in some cases insolvency or bankruptcy can be challenging both personally and commercially. Some may choose to put in place arrangements with their creditors; others will need to cease trading. For those transacting with insolvent entities the focus will be on extracting as much value as possible.
It is vital that businesses and individuals experiencing these events obtain specialist legal advice. The intricacies of the UK’s insolvency legislation, not to mention EU and International laws governing insolvency and bankruptcy, require careful guidance to ensure that as much is protected and saved as possible.
For those dealing with insolvent entities, it’s imperative that the largest potential recovery is made. Getting it right can enable businesses to continue to trade; getting it wrong can very quickly damage brands, reputation and finances.
The Corporate Recovery and Insolvency ("CRI") team at Cubism Law advises corporates and individuals faced with these types of challenges. We advise businesses and boards of directors, individuals, lenders, creditors, debtors and office-holders.
We have acted for creditors of insolvent multinationals - commercial, financial and professional services businesses, office-holders - particularly on asset-tracing and making recoveries, bankrupt individuals, and boards of directors.
Our team has significant experience of the application of European and International law (and our team previously successfully took a matter relating to the enforcement of international insolvency judgments to the Supreme Court).
As a team we understand the financial constraints of obtaining legal advice in these circumstances and we have a practical and flexible approach to the provision of our services.
With a broad experience in this field to date, we can identify effective pragmatic and creative solutions tailored for the specific needs of each client and we are highly commercial in our approach. We also provide effective advocacy and seek to implement sustainable solutions while making sure we support you and ensuring you feel we are in this together.
- Advising companies and boards of directors of stressed/distressed businesses
- Acting for individuals encountering bankruptcy
- Managing administration (including pre-pack) and liquidation processes
- Advising on CVAs, IVAs and Schemes of Arrangement
- Helping creditors, domestic and international, to enhance their position and recover assets
- Advising office-holders on their appointment and on the pursuit of debtors
- Pursuing fraudulent and preferential transfers and wrongful trading
- Investigation of directors’ conduct
- Litigating in relation to all aspects of CRI
- Working in conjunction with finance, corporate and employment lawyers to ensure the best outcome
- Putting groups of companies into administration and liquidation
- Negligence claims against office-holders
- Acting for Eurofinance against Rubin & Lan
- Multiple engagements in relation to Lehman
- Regulatory issues – client money and CASS, FCA and PRA matters, IP regulation, SRA rules, Data Privacy
- Advising creditors of institutional failures, domestic and cross-border – Enron, TXU, Co-op, A-Tec, Navios
- Ponzi schemes including Madoff
- Corporate restructuring & finance