RESTRUCTURING & INSOLVENCY LAWYERS
Need help with restructuring & insolvency lawyer? Our experienced lawyers are here to provide specialist advice and guidance. We’ll work with you to find the best outcome for your business.
Need help with insolvency, restructuring or bankruptcy? We're the lawyers for you.
Our competent and cost-effective lawyers can help you with debt recovery cases, corporate insolvency and commercial bankruptcy, & voluntary administrations. We use a fixed-fee arrangement, so you know the whole cost of your legal services up advance.
Our restructuring & insolvency lawyers have extensive insolvency and commercial law experience. We provide advice on:
- corporate reconstruction and workouts
- insolvency risk management and minimisation
- credit recovery and recovery strategies
- creditors’ rights and obligations
- bankruptcies and personal workouts
- voluntary administration and liquidation
- asset restructuring and asset protection
- receivership
- wealth protection
What is your current situation?
YOU REQUIRE BANKRUPTCY & INSOLVENCY LITIGATION
- Corporate restructuring
- Purchase/sale of distressed assets and debts
- Fraudulent transfer and preference actions
- Liquidation/insolvency matters
- Claims litigation
- General discharge
- Secured Lending transactions
- Dischargeability of debts
- Discharge injunction violations
YOU REQUIRE CORPORATE RESTRUCTURING
- Debt restructuring
- Balance sheet restructuring
- Asset sales
- Debtor-in-possession financing
- Workouts
- Other financing
YOU REQUIRE CREDITOR REPRESENTATION
- Valuation disputes
- Non-judicial foreclosures
- Owner financed loans
- Discharge contests
- Preference claim defense
- Automatic stay violation defense
- Lift stay motions
Reliable guidance on all areas of rescues, reconstructions, receiverships, administration, liquidations, distressed debt, and insolvencies.
Our bankruptcy and corporate restructuring solicitors work with financially distressed businesses to investigate all available options in order to obtain comprehensive and cost-effective corporate restructuring solutions.
We advise a wide range of stakeholders on restructuring and special situations transactions, including:
- boards and shareholders of corporate debtors experiencing financial difficulties
- secondary investors, including distressed debt and turnaround funds
- agents and trustees
- original lenders
- insolvency officeholders
- financial advisors
- formal and informal creditors’ committees
Frequently asked questions (FAQ)
While this can happen it doesn’t always follow. What may make it more likely is if you have personally guaranteed your company’s debts. If this is the case, your creditors may reserve their right to recover the debt from you personally. If you were trading while insolvent, the liquidator may also pursue you for a settlement.
Insolvency occurs when a company is unable to pay its debts when they are due. This situation is dealt with through three corporate insolvency processes: voluntary administration, liquidation, and receivership.
It is critical that you work with the liquidator during this procedure. You must fill out their “Report as to Affairs” form and give the necessary company records and books.
Trading when bankrupt is illegal. You or another director may become personally liable for the firm’s debts if you or another director authorises the company to trade.
This is the process by which a company’s outstanding matters are finalised, its assets are liquidated, and the company ceases to exist. In this case, you should pay the debt or prove insolvency.
This is possible, but you should seek professional advice because the process is complex and requires careful planning.
Company directors are usually not liable unless they personally guaranteed the debts, had an expired Director Penalty Notice from the Australian Taxation Office (prior to the appointment of an administrator), were found guilty of insolvent trading, or owed certain personal liabilities.
This information is available on ASIC’s website under the Insolvency Notices section: www.insolvencynotices.asic.gov.au. All notices pertaining to the appointment of an external administrator can be found here. You can search by company name or ACN.
You can also pay a fee to do a company search on the ASIC registry at www.asic.gov.au or check an individual’s insolvency status at www.afsa.gov.au.
Someone who owes me money has declared bankruptcy. Will I still be paid?
You will need to find out how the issue impacts you tax-wise, so get professional counsel as soon as possible. It is important to note that liquidators are not compelled to keep shareholders informed of the status or conclusion of the liquidation.