Corporate Restructuring and Insolvency

The currently unpredictable financial outlook means that businesses are facing serious pressures, warranting the need for responsiveness and agility.  Your business may already be in demise or have been left financially exposed by the sudden insolvency of another party.  Otherwise, you may be considering your options to restructure or realise value in your business before it is negatively impacted by market volatilities.

It can be difficult to prepare for such an event or anticipate those triggers, but it is important to react quickly to anything that might affect or threaten your business and consult the right specialists to help.

The Restructuring and Insolvency team at Trethowans have a wealth of expertise and experience, advising on actual or anticipated business distress.  They will support you wherever you might find yourself in that situation. They pride themselves on their responsiveness, pro-activity and highly commercial and practical approach.  They will seek to understand your objectives in order to find solutions, maximise recoveries and minimise financial loss.

Our lawyers are known specialists in their field. They act on a multitude of business distress situations for clients across the sectors. They frequently act for licensed insolvency practitioners in connection with their formal administration, liquidation and receivership appointments, including in the planning process. They regularly deal with time critical business disposals out of insolvency with a view to rescuing jobs and preserving value.

We will help you wherever possible to avoid formal insolvency through the deployment of other restructuring tools and options.  They are on hand to advise and support those navigating decisions at board level, to ensure compliance with director duty considerations, whilst at the same time seeking to minimise losses to those impacted.

If your business is owed money as a result of, or otherwise affected by the formal insolvency of another, whether in a supply chain situation or as part of your lending or property portfolio, our lawyers can provide strategic advice in a responsive manner.  The Restructuring and Insolvency team frequently advise suppliers, contractors, landlords, lenders, shareholders and other stakeholders owed money by businesses facing a restructuring scenario or formal insolvency.

Why choose Trethowans?

Out of financial demise can come opportunities and our specialists are here to assist you in acquiring businesses and assets out of a distress or restructuring situation.  Our lawyers also provide frequent advice on solvent windings-up to achieve shareholder returns with tax efficiencies.

Examples of recent work that our specialists have been involved in:

  • Advice to various boards of charity trustees on winding-down its operations, formal closure options and insolvency outcomes;
  • Advice to insolvency practitioners appointed to deal with disposals of freehold and leasehold properties in a portfolio arising from a flawed property investment scheme;
  • Advice to landlords in connection with company voluntary arrangements proposed by a number of retail tenants in their portfolio;
  • Advice to a board in connection with customer deposit issues when facing potential insolvency and director duty considerations;
  • Assisting with the appointment of LPA receivers by a private lender, over properties with secured borrowing;
  • Advice to liquidators on claims to recover monies unlawfully drawn as dividends and actions taken by directors shortly before the company was wound up;
  • Advice to liquidators in connection with distributions made in a solvent liquidation intended to return value to shareholders in a tax-efficient manner;
  • Strategic advice to solvent liquidators in connection with making provision for contingent liabilities in a large-scale solvent liquidation;
  • Acquisition of assets by client whose competitor became insolvent and entered administration.

In all cases, early engagement and advice will provide the best and most efficient outcomes for all concerned.  If you have any queries or would like help and assistance on these matters, please call us on 0800 2800 421.

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