Insolvency Law

What is Insolvency Law?

Insolvency law concerns the point at which a person or company is unable to pay its debts, distinguished in terms of cash flow and assets. Cash-flow insolvency is when a person or company has does not have sufficient funds to pay a debt when it is due. Balance-sheet insolvency is when a person or company does not have enough assets to pay its debts.

If you need support with insolvency law, St Pauls Chambers insolvency barristers are highly experienced.

St Pauls Chambers Company and Insolvency Barristers

Our civil lawyers act as company and insolvency barristers for office holders, companies, directors and debtors in all aspects of contentious and non-contentious personal and corporate insolvency law, including:

• administrations;
• receiverships;
• liquidations;
• wrongful trading;
• fraudulent trading;
• misfeasance claims;
• bankruptcy; and
• voluntary arrangements (corporate and individual).

Company and insolvency barristers at St Pauls Chambers also have considerable expertise in proceedings against directors under the Company Director Disqualification Act (CDDA) and corporate restructuring and insolvency.

Members of St Pauls Chambers have advised and appeared in a number of Directors Disqualification cases, both in contested hearings, applications for leave to act as a director under s17 and in compromising cases by way of undertakings.

Members of St Pauls Chambers regularly provide advice, advocacy and drafting in the following areas of corporate insolvency law:

• the new administration regime under the Enterprise Act 2002;
• schemes of arrangement;
• international and cross-border insolvencies (including issues arising under the EC Insolvency Regulation);
• fraudulent and wrongful trading;
• voluntary and compulsory liquidations;
• insolvent partnerships;
• receiverships and administrative receiverships;
• transactions at an undervalue;
• and preferences and statutory asset recovery under Section 423 of the Insolvency Act 1986.

The work of our insolvency barristers also includes personal insolvency law. St Pauls Chambers members advise and act for trustees in bankruptcy, supervisors/nominees in IVAs, as well as debtors, creditors and bankrupts.

Our insolvency barristers have substantial experience with the changes to bankruptcy laws following the introduction of the Enterprise Act 2002.