Insolvency & Business Recovery Law
Our Insolvency and Business Recovery team has considerable experience in dealing with recovery and turnaround situations as well as informal insolvency procedures. We provide structured and practical legal solutions for insolvency practitioners, commercial lenders, professional advisers, companies and their directors.
We can help with all aspects of the business recovery process. We bring together expertise in the fields of Dispute Resolution, Employment, Corporate and Property law.
We work in close partnership with insolvency practitioners and lenders to find solutions for companies in financial difficulty focusing on the recovery and rescue of the ailing business or as appropriate the maximization of financial returns to creditors.
Our emphasis is on achieving our client’s objectives in the most efficient and cost effective way possible. We provide advice and assistance in relation to: High Court and Circuit Court Examinerships; Antecedent transactions; Director’s disqualifications; Conveyancing Act receiverships; Liquidations ;TUPE; Voluntary Arrangements; Winding-up orders; Examinership Circuit Court and High Court; Personal Insolvency.
Individuals:
With individuals facing personal bankruptcy we know what a traumatic experience it can be. We try and ensure our clients are fully aware of all their options from the start, enabling them to plan their financial arrangements with minimum expense and turmoil. We provide comprehensive and sound advice on:
- Bankruptcy
- Creditors
- Directors in director’s disqualification proceedings and defending claims against directors
- Individual Voluntary Arrangements
- Personal Insolvency Arrangements
- Setting aside transactions
Employment Advice on Insolvency and TUPE:
Our Insolvency, Business Recovery and Restructuring experience in conjunction with our Employment Law experience provide specialist advice to Insolvency Practitioners and companies going through financial difficulties together companies acquiring insolvent businesses. Our experts can guide you through the insolvency process and provide advice and assistance on any aspect of insolvency including:
- We can advise employees who are concerned by a reorganisation/Insolvency arrangement or aspects of sale and purchase agreements as they affect them and their contracts;
- Adoption of employee contracts;
- Whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) apply and, therefore who, if anyone, will be liable for the employees;
- How to take advantage of the exceptions under TUPE regarding payment of debts owed by the insolvent business to their employees and regarding changes of terms and conditions of employment;
- How to change employees’ terms and conditions of employment;
- How to comply with obligations to consult with employees and their representatives;
- Handling redundancies and re-organisations pre and post-acquisition of an insolvent business;
- Defending claims by existing and ex-employees.
Please see the sub-menu to view our other legal departments for business.