Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

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.

Corporate Insolvency

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.

Creditors

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.

Commercial Litigation

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.

Everybody has an opinion on Insolvency.

However when you have the prospect of losing your home to Bankruptcy or the heart break of losing your business you need solutions and actions, not opinions.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

Are you an individual or company director whose company is facing financial difficulties? Have you been served with a Bankruptcy Petition or Statutory Demand for an unpaid invoice?
 
You do not always need to go down a formal insolvency process to resolve these types of issues.  There are ways in which we can assist you to resolve the financial pressure from creditors.

Bankruptcy and Individual Voluntary Arrangements (IVA)

If a formal Bankruptcy or 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.

It may be the case that you believe that your company is still viable but your company is just struggling with cash flow problems. We have experience in advising directors and shareholders on financial problems where the company has not yet entered into a formal insolvency process.

We assist directors and individuals facing actions commenced by Insolvency Practitioners such as a claim to return funds to a company known as undervalue claims, preference actions, misfeasance, fraudulent or wrongful trading claims and disqualification proceedings.

We also advise Insolvency Practitioners on all aspects of bankruptcy and company liquidation.

Experienced and Dedicated Professionals


William Searle
William Searle
Solicitor - Commercial Dispute Resolution & Insolvency

At McMillan Williams we have a team of dedicated professionals to help guide you through and in some cases avoid the insolvency process.

Our fees are competitive and transparent.  You will know how much you have to pay before we undertake any work.  Your case will be referred to a specialist Commercial Debt Recovery specialist.

We can work on a fixed fee basis, so even if we have to spend a little more time in resolving your issue, you will not have to pay more than we quoted.

Our Track Record

  • We successfully acted for Bankrupts on their Bankruptcy Annulment applications including applications for annulment where a Bankruptcy Order should not have been made as well as applications for annulment on the basis of settlement or payment in full;
  • We have assisted Bankrupts in reaching settlements with their Trustees allowing them to retain possession of their home;

  • We have acted for companies in resisting compulsory winding up proceedings and in reaching settlements with creditors;

  • We act for Insolvency Practitioners on all types of claims.  We have recovered liquidation assets based in EC countries for the benefit of Bankruptcy and Liquidation estates and have specialist experience in making recoveries by challenging antecedent transactions.

We Can Help

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 or would like to discuss your issue with one of our Commercial Litigators, call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

Our Insolvency team have strong commercial awareness and understand the need to resolve your disputes quickly and cost effectively.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

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.

We Can Help

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 enquiries@mwsolicitors.co.uk

 

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.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

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. 

We Can Help

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 enquiries@mwsolicitors.co.uk

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.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

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.  

We Can Help

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 enquiries@mwsolicitors.co.uk

Have you signed a personal guarantee to support a business loan and forgotten about it?  Are you receiving letters threatening court action and it is all you think about? Are you a lender trying to enforce a personal guarantee agreement?  

McMillan Williams' Commercial Dispute Resolution Team are here to help you. 


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

Expert Advice from Dedicated Professionals

Our expert team of commercial litigators have years of experience resolving Commercial Disputes and can provide advice on:

  • Enforceability of Guarantee Agreements;

  • Negotiating settlement to end continuing liabilities;

  • Claims against the principal debtor or other Guarantors.

Our team of dedicated professionals will help you to find a swift resolution to your issue.  Your case will be referred to a specialist, not a generalist and our fees are competitive and transparent.  You will know how much you have to pay before we undertake any work.

We can also work on a fixed fee basis so even if we have to spend a little more time in resolving your issue, you will not have to pay more than we quoted.


William Searle
William Searle
Solicitor - Commercial Dispute Resolution & Insolvency

Our Track Record

We have recently acted for:

  • a Guarantor of an Assured Shorthold Tenancy.  The Tenant had accrued significant arrears and possession proceedings were issued against the Tenant together with a claim for the arrears against the Tenant and Guarantor.  After careful analysis we discovered that the proceedings were fundamentally defective and agreed with the Tenant’s solicitors to dismiss the proceedings with costs in our client’s favour.

  • a Lender took a guarantee from a Borrower. As the Borrower defaulted, proceedings were issued against the guarantor.  We acted for the Lender and managed to agree a settlement with the guarantor. 

  • a Corporation that had provided a cross guarantee to in respect for the liability of the Borrower to the Lender. The arrangement was complex and involved various group companies. One of the group companies had borrowed the funds however others had guaranteed repayment.  The Lender demanded repayment from one of the guarantors. We are were able to successfully agree further time to pay to enable the loan to be repaid following a re-finance. 

We Can Help

At MW, our Mission is "to make quality legal services accessible to everyone" including those individuals who are in dispute or are trying to enforce a guarantee.

Ignoring the issue won't make it go away.  A swift resolution can only come through specialist professional advice.  If you would like to discuss your issue, call our team today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

Are you a lender with a loan secured against a Debtor’s property? Do and you wish to enforce your charge?.  Are you a debtor and a creditor is pursuing you for repayment?  Do you require advice on the enforceability of a company loan?


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

Lenders will require security to be provided against your home when you apply for a mortgage.  Lenders may also require security against a property when making a general loan.   If you owe a debt then creditors are able to obtain judgment and then enforce the judgment with a charging order.  A charging order is also a form of security against a property.   Creditors can issue an application to enforce a charging order to recover the debt due.

Our Commercial Dispute Resolution Team combines almost 30 years of experience in advising on consumer and commercial credit disputes such as:

•    Validity of Loan Agreements;
•    Enforcement of Loans;
•    Negotiations on Security Disputes;

Expert Advice from Dedicated Professionals

Our team of dedicated professionals to help guide you through your dispute.

Your case will be referred to a specialist commercial litigator, our fees are competitive and transparent.  You will know how much you have to pay before we undertake any work.

We can also work on a fixed fee basis, so even if we have to spend a little more time in resolving your issue, you will not have to pay more than we quoted.

Our Track Record


William Searle
William Searle
Solicitor - Commercial Dispute Resolution & Insolvency

We have recently acted for:

  • a home owner who had been evicted following sale and possession proceedings brought by a holder of a charge over his property.  The home owner required assistance in negotiating with the charge holder. We succeeded in reaching a compromise and the home owner regained possession of his property.

  • a Lender that had a loan secured against a property for a lending agreement the owners had entered into, as directors of a company.  We obtained and Order for possession following default of the loan and subsequently assisted the Lender to recover and sell the property.

  • a home owner whose daughter lived in a property. The home owner wanted his daughter to remain in the property however a creditor had obtained a charging order against the property for a debt, many years ago.  The debtor had decided to take action and enforce the charging order so obtained an Order for sale.  We assisted the home owner by obtaining time to pay a reduced sum in full and final settlement which allowed his daughter to remain in the property.

We Can Help

At MW, our mission is "to make quality legal services accessible to everyone" including those who may have fallen into financial difficulties through no fault of their own. 

If you need help or would like to talk to one of our Commercial Dispute Litigators to discuss your issues, call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

We collect debts for large businesses, local authorities and debt purchasers.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

We have the apparatus and experience needed to conduct large scale debt collection and we use the latest technology to keep costs down. Our service is of the highest standards of quality because we ensure that the whole debt collection process is overseen by experienced Commercial Debt Recovery Lawyers. 

We offer:

  • A fixed fee for specified work;
  • Attempt at early settlement;
  • For volume cases, payment of your up-front disbursements.

Our work includes all stages of collection from pre-action to enforcement including:

  • Applications for County Court and High Court Judgments;
  • Charging Orders;
  • Orders for Sale and Possession of Property;
  • Attachment of Earnings Orders;
  • Enforcement of Orders Abroad.

Our specialist Insolvency Team is also on hand to advise on any Bankruptcy and Liquidation issues.

Experienced and Dedicated Professionals


William Searle
William Searle
Solicitor - Commercial Dispute Resolution & Insolvency

At McMillan Williams we have a team of dedicated professionals to advise you on the swift resolution of your commercial debt problem.

We have acted for individuals to collect one off debts and we have acted for corporates dealing in bulk debt collection. 

Our fees are transparent and the process streamlined. By acting swiftly we are able to assist in the smooth recovery of a debt or indeed negotiate a settlement for repayment of a debt be that in a plan of payment by installment or as a one off payment.   We can assist in funding disbursements for Part 8 proceedings along with Bankruptcy Petitions on bulk recovery work which means there is no outlay for you.

Our Track Record

We have recently acted for:

  • debt collectors where we issue proceedings, obtain judgment and charging orders. We then enforce the charging orders to recover the debt.

  • debtors on numerous occasions where we have helped them with time to pay arrangements, or helped negotiate a reduction in the debt taking away the pressure and stress involved with these matter.

We Can Help

At MW, our mission is "to make quality legal services accessible to everyone", including those whose finances could be compromised by the bad debts of others, through no fault of their own. 

If you need help don’t delay, call us today on 020 3551 8500 or email us at enquiries@mwsolicitors.co.uk

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.


Meta Panchamia
Meta Panchamia
Partner & Deputy Head of Civil & Commercial Litigation

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.

Enforcement of Legal Charges

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.

Debt Recovery

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.

Invoice Finance

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.

We Can Help

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 enquiries@mwsolicitors.co.uk  

Contact Us

Translate this page

enfrdeitptrues