At MW we have expert Solicitors who can help with Personal Insolvency issues including, assisting insolvency practitioners in realising a debtor’s assets be that by repossession and sale of the bankrupt’s home or recovery of assets which have been dissipated by the bankrupt prior to, or following the bankruptcy order.
Sometimes these applications can involve sensitive exceptional circumstances and complex disputes relating to exoneration or division of the beneficial interest and our team has the right level of experience to assist. The team is also able to advise insolvency practitioners on all types of antecedent transactions, IPOs, general litigation which the bankrupt may have been involved in before the Order, pension issues, annulments and IVAs.
The team can also assist a Bankrupt or other parties when faced with the above issues and require guidance and assistance as to the best form of settlement or whether the claim made is defendable.
Our Corporate Insolvency expertise includes assisting insolvency practitioners in antecedent transaction claims such as preferences, undervalue claims or disposition of property along with directors disqualification proceedings and further more complex issues such as wrongful/fraudulent trading or misfeasance claims. Often, matters involve a high level of investigation before a case can be commenced and we have the relevant experience to assist in those investigations to conclude quickly and efficient that there is a case and that commercially, it is viable.
We can advise and assist in placing a company into Administration for directors or creditors, we also advise on all aspects relating to CVAs, Creditors Voluntary and Compulsory Liquidations and Members Liquidations along with LPA Receiverships.
The team can also assist directors or other parties when faced with the above issues and require guidance and assistance as to the best form of settlement or whether the claim made by the Insolvency Practitioner is defendable.
We can also offer services to creditors that will enable them to monitor any bad debts. As a creditor, advice may be needed as to the best way to approach a bad debt or a debtor who has financial issues. We can assist and advise on the best course of action. This may include issuing a statutory demand, a bankruptcy petition or winding up petition. It may be that other processes are best placed to recover the debt and again we can assist you with that.
Creditors may also require advice when the debtor has become insolvent and is subject to or about to be subject to an insolvency process. Often creditors consider at that stage that they have lost their money but that is very often wrong and we can advice on how a good recovery could be achieved by ensuring that the insolvency practitioner is able to recovery all the assets available to him.
Our team is able to assist in commercial disputes from collection of debts through to injunctions and have a wealth of experience in dealing with high value and complex claims.
We have particular expertise in contractual debt claims along with secondary security actions and are able to assist large corporates or indeed individuals facing such disputes. We have the commercial aptitude to ensure any dispute is dealt with cost effectively always maintaining clear transparency on costs and this is achieved through the recognition of keeping the client aware of every step and the associated costs.
We have experience in mediations and alternative dispute resolution schemes to ensure the right result is met for the client at all times.
The purpose of a contract is to protect your business interests and avoid expensive, stressful litigation which distracts you from doing what you do best, running your own business.
Unfortunately, even the most carefully drafted contract can sometimes become a source of dispute and that's when you need the services of a specialist Commercial Dispute Solicitor.
At McMillan Williams we have a dedicated team of experienced specialists on hand to help you resolve your commercial contract disputes in the most efficient and timely manner possible. From simple contract disputes to agreements resulting in commercial fraud, our team is fully experienced in the broad spectrum of disputes that may arise.
We can review your contract and advise you on the terms and the dispute which has arisen, provide guidance on the way forward to resolve the dispute where possible in a cost effective manner or provide you with details of the costs involved in defending or taking an action, keeping these transparent at all times. We can offer fixed fee services where appropriate, work on a percentage realisation basis or damage based agreement to produce the maximum recovery for you.
As security against borrowing you may be asked to sign or you may require someone to sign a legal charge or guarantee.
We have experts who are able to advise on disputes arising from the enforcement of legal charges, guarantees and charging orders. If you need to enforce a legal charge, guarantee or charging order or you are subject to an action against you; we can provide you with the advice and guidance on the legal process of enforcement and attempt any negotiations where possible. This may result in payment of the arrears and debt subject to the security or even saving your home.
Whether the debt is small or large we have the skill in all areas of debt collection from the initial letter of claim to enforcing a judgment debt. There are many way to enforce a debt and our team can advise you on the best method available to you. If you are a business and need assistance with debt collection, we can offer you a percentage realisation service or fixed fee service depending on the frequency of collections. If you only need a one off collection we can assess the costs of each collection, on a case by case basis.
If during the collection process the case becomes defended then we have experienced lawyers who will run this to trial for you and depending on the prospects the case may be run on a damage based agreement or fixed fee.
We have experienced specialists in the area of factoring and invoice discounting who can act for invoice financers in recovering the shortfall due from the borrower through to the enforcement of the security or guarantee and/or collecting the assigned debts. So whether you are a lender or borrower then we have the expertise in this area to assist.
If you are facing a dispute which involves the above areas or you wish to bring a claim or would like advice on any of the above then call us today on 020 3551 8500 or email us at email@example.com
Our Insolvency team have strong commercial awareness and understand the need to resolve your disputes quickly and cost effectively.
At McMillan Williams our insolvency team can advise companies with financial difficulties; cash flow or debt problems and we can advise Insolvency Practitioners (IPs) on Creditors Voluntary Liquidations (CVLs), Compulsory Liquidations, Member Voluntary Liquidators, Administrations, CVAs, LPA Receiverships and actions to pursue within those processes.
If you are a director or individual facing an action against you which may have been commenced by an IP such as a claim to return funds to a company known as undervalue claims, preference actions, misfeasance, fraudulent or wrongful trading or you need advice on disqualification proceedings then please contact us..
We also have experience in advising directors and shareholders on financial problems where the company has not yet entered into a formal insolvency process.
Strained cash flow for a company can become very damaging but for directors there are often ways to resolve short term problems and with the correct advice you may be able to resolve things without having to enter into a formal process. There are certain rescue processes which may assist your business or certainly alleviating the financial pressure your business is facing. Call us today on 020 3551 8500 or email us at firstname.lastname@example.org
We live in uncertain times and Bankruptcy can happen to any of us with little or no warning. Don’t panic and don’t ignore it, the sooner you act the sooner you can get back on your feet.
We advise on all work involving individuals with financial difficulties or facing bankruptcy. It is not always the case that you will need to go down a formal insolvency process as there are ways in which we can assist you to resolve financial pressure from creditors. If a formal bankruptcy or Individual Voluntary Arrangement (IVA) process is required then we can assist you to put together the documents or advise you if you are already subject to bankruptcy or you are having problems keeping up with the terms of your voluntary arrangement proposal.
At McMillan Williams we have a team of dedicated professionals to help guide you through the bankruptcy process or help you with your IVA to reduce your debts so you might avoid bankruptcy altogether.
We also advise Insolvency Practitioners (IPs) on all aspects of bankruptcy and voluntary arrangements which includes realisation of assets of the bankrupt’s estate, all claims which the IP needs to make to recover assets and advising IPs on problems which arise in an IVA.
At MW, Our Mission is to make quality legal services accessible to everyone, including those who may have financial difficulties through no fault of their own. If you need help don’t delay, call us today on 020 3551 8500 or email us at email@example.com
Being on the receiving end of someone’s financial problems is no joke, it can give you sleepless nights or worse, affect your own cash flow.
If you are a creditor we can advise you on bad debt issues when a debtor (company or individual) is not paying on time or who is about to face or is subject to insolvency proceedings.
Often it is not always easy to understand the formal insolvency processes but we have the experience of advising creditors on the best way forward in respect of the outstanding debt and are able to liaise with the IP if one is involved to assist to ensure you make the best possible recovery. We can report to you periodically on the insolvency process which will give you peace of mind and a clear indication of whether a recovery will be made. This service can on occasion be provided at no cost to you.
At McMillan Williams we understand that creditors often need specialist advice too. Creditors often think that when a debtor enters into insolvency they will not make a recovery, but this is not always the case, particularly if you act quickly.
If you are worried that one of your debtors has gone bad, entered into formal Insolvency proceeding or would just like to get some creditor advice, don’t delay, call us today on 020 3551 8500 or email us at firstname.lastname@example.org