nsolvency Litigation is the process of recovering assets on behalf of creditors through court proceedings or other forms of dispute resolution.

Our specialist team can assist with all aspects of contentious insolvency whether you are an individual, business or practitioner.

We regularly advise individuals and businesses on the presentation of statutory demands and petitions and can assist in the resolution of the same. Alternatively if you are struggling financially we can advise on options such as IVA's (Individual Voluntary Arrangement) or CVA's for businesses and can work with you to find a way through a difficult financial time.

If you are/have been a company director you may be presented with a claim following the winding up of your company. These claims may be as a result of wrongful trading, preferential payments or in respect of directors loans. Whatever the claim is our team will be able to advise on the merits of the same and assist in seeking a swift resolution.

We have good relationships with many insolvency practitioners and provide regular assistance following the dissolution of companies. This may include the recovery of debts from outstanding company debtors or pursuing directors.

Whatever your insolvent needs Forbes' expert team can help you navigate the difficult times to bring a suitable resolution.

The common types of insolvency litigation include preference claims, wrongful trading claims, fraudulent trading claims, and misfeasance claims. Preference claims involve recovering payments made to creditors before the insolvency, while wrongful trading claims involve directors continuing to trade when they knew or should have known the company was insolvent. Fraudulent trading claims involve directors knowingly carrying on business with the intent to defraud creditors, and misfeasance claims involve directors breaching their duties and causing loss to the company.

Insolvency litigation can help your business by recovering debts owed to you, protecting your assets from being seized by creditors, and potentially avoiding bankruptcy. It can also help to identify any fraudulent or wrongful actions that may have contributed to the insolvency of your business. insolvency litigation is governed by the Insolvency Act 1986 and can be initiated by the company, its directors, or a liquidator.

The risks associated with insolvency litigation include the possibility of incurring significant legal costs, the potential for adverse judgements or settlements, and the risk of personal liability for directors or other individuals involved in the insolvency proceedings. Additionally, insolvency litigation can be time-consuming and may divert resources away from other business activities.

The length of insolvency litigation can vary depending on the complexity of the case and the court's schedule. It can take several months to several years to resolve. insolvency litigation is governed by the Insolvency Act 1986 and the Civil Procedure Rules.

A litigation solicitor in insolvency cases represents either the insolvent company or its creditors in legal proceedings. They advise on matters such as debt recovery, asset recovery, and disputes with creditors. They also assist in the administration of the insolvency process, including the appointment of an insolvency practitioner and the distribution of assets to creditors. Their role is to ensure that the interests of their client are protected and that the insolvency process is carried out in accordance with UK law.

To prepare for insolvency litigation it is important to gather all relevant financial and legal documents, including contracts, invoices, and correspondence. It is also advisable to seek legal advice from a specialist insolvency lawyer who can guide you through the process and help you understand your rights and obligations. Additionally, it may be helpful to review previous insolvency cases to gain insight into the legal strategies and outcomes.

The alternatives to insolvency litigation include informal negotiations, mediation, voluntary arrangements, administration, and liquidation. Informal negotiations involve discussions between the debtor and creditor to reach a settlement. Mediation involves a neutral third party facilitating negotiations between the parties. Voluntary arrangements involve a proposal to creditors for repayment of debts. Administration involves the appointment of an administrator to manage the company's affairs. Liquidation involves the sale of assets to repay creditors.

The chances of success in insolvency litigation depend on various factors, including the strength of the evidence, the legal arguments, and the judge's interpretation of the law. It is difficult to predict the outcome of any litigation, but with the right legal representation and a strong case, the chances of success can be improved.