Navigating Restructuring & Non-Contentious Insolvency


From Appointment to Resolution. We are with you.

We assist Insolvency Practitioners (IP), company directors and individuals from the onset of insolvency matters. The secret to having more options is to get in touch sooner than when the problem becomes crystalised. 


Our specialist team will assist you in the most diligent and decisive way to ensure that all issues are well thought through and, if required, go through to formal contentious insolvency proceedings. Not only do we act for IPs, but we also act for directors, lenders, creditors, and individuals.


Our non-contentious insolvency work consists of advising you on the various insolvency options that may be viable for a distressed entity, whether this be a pre-pack administration or liquidation to a Company Voluntary Agreement. We also regularly advise on Sale Purchase Agreements (SPA’s) with IPs, Personal Guarantees (PGs) and other documents such as Warranties irrespective of whether you are buying or selling assets. 


If you are an IP, rest assured our dedicated team is well well-versed in representing IPs and understands well the need for speed and precision! If we take on a matter, you will be allocated a dedicated member of our team who will work with you to get the deal done. Whether that is placing a company into Administration or working with you on a deal. 


You will be secure in the knowledge that our insolvency and restructuring team has the relevant breadth of key skills and expertise to support you in the decisions you must make as an office holder. We understand the law and the regulations and will be there every step of the way to advise you.


Decisive intervention at the onset of insolvency is one of the most pivotal factors in ensuring all issues are dealt with as seamlessly as possible. This can only be done with the right team behind you to ensure you do not miss a trick and can rely on them for advice in a comprehensive range of areas.


Whether you require us to draft important documents, negotiate agreements or provide you with diligent and decisive advice, our many years of combined experience enables us to do so quickly and efficiently. We are part of a global network of leading professionals in the insolvency and restructuring community, such as Nexia International and R3, so we are up to date on the latest trends and laws. 


What is non-contentious insolvency, and why is it important?

Non-contentious insolvency refers to the legal procedures and agreements that are not disputed or challenged. It often involves corporate restructuring, acquisition, and other consensual arrangements between stakeholders. Understanding how to validly execute non-contentious insolvency agreements is vital for businesses and individuals to navigate financial difficulties, restructure debts, and avoid formal insolvency proceedings.


How can restructuring and insolvency lawyers assist in the insolvency process?

Our team of insolvency lawyers at KaurMaxwell specialises in providing expert advice and guidance in non-contentious insolvency matters. Most importantly, drafting effective documents that protect and do what they are supposed to. From contingency planning to the sale of the business or it’s assets, we work closely with clients to assess the best restructuring strategies, ensuring compliance with the Insolvency Act 1986 and other relevant legislation.


What are the key aspects of corporate restructuring?

Corporate restructuring involves reorganising a company's business and assets to enhance efficiency, reduce the risk of insolvency, and achieve specific financial goals. It may include debt restructuring, balance sheet adjustments, and other mechanisms to improve cash flow and alleviate liabilities. Our restructuring team at KaurMaxwell offers comprehensive support in all aspects of corporate restructuring.


How does insolvency legislation govern insolvency procedures?

The Insolvency Act 1986 governs the legal procedures and requirements for both contentious and non-contentious insolvency matters. It sets the framework for insolvency practitioners, creditors, and debtors to act within the legal boundaries. Our insolvency solicitors are well-versed in the relevant insolvency legislative instruments, ensuring that all insolvency work is conducted in compliance with legal standards.


What role do creditors and insolvency practitioners play in non-contentious insolvency?

Creditors and insolvency practitioners play a crucial role in non-contentious insolvency, from assessing financial distress to implementing restructuring strategies. Our team advises insolvency practitioners to ensure that their interests are protected.


How does the insolvency process differ between personal and corporate entities?

While personal insolvency focuses on individual financial difficulties, corporate insolvency deals with the financial distress of a business. Both require expert legal guidance, and our insolvency lawyers advise on both corporate and personal insolvency, offering tailored solutions for each scenario.


What are the common challenges in non-contentious insolvency and restructuring?

Non-contentious insolvency and restructuring can present challenges such as complex domestic and cross-border agreements, stakeholder negotiations, and legal compliance. Our legal team at KaurMaxwell is highly experienced in overcoming these challenges and providing effective solutions to meet your specific needs.


3 Reasons to Choose KaurMaxwell Solicitors for Restructuring & Non-Contentious Insolvency?


  1. Diverse & Comprehensive Expertise: The team at KaurMaxwell brings together diverse expertise in areas such as civil and commercial litigation, property law, employment law, and insolvency law. This multifaceted approach is key because no case is ever as straightforward as one area of law. In order to protect your position as best as possible, we need to consider all possible areas of exposure and having a strong integrated team achieves just that.
  2. Proven Track Record: Our team have been trained to strategically consider the position and be creative. The ability to achieve desired results demonstrate a proven track record of success.
  3. Client-Centric Approach: We believe in putting our clients' needs first. Our team takes the time to understand your unique situation, providing tailored solutions that align with your goals. We're here to support you every step of the way.


How can KaurMaxwell's restructuring team support you or your business in financial distress?

Our restructuring team offers a full range of contentious and non-contentious insolvency services. Whether you need assistance with contingency planning, corporate restructuring, or pre-pack arrangements, we are here to support you through every step of the process.


What are the legal services offered by KaurMaxwell in non-contentious insolvency?

KaurMaxwell offers comprehensive legal services in non-contentious insolvency, including advising on restructuring and insolvency law, acting for insolvency practitioners, creditor claims, and more. Our team deals with all aspects of non-contentious insolvency, ensuring that you receive expert guidance tailored to your needs.


Frequently Asked Questions


What is the difference between contentious and non-contentious insolvency?

Contentious insolvency involves disputes or challenges related to insolvency proceedings, such as disagreements between creditors and debtors or legal claims against insolvent persons or companies. Non-contentious insolvency, on the other hand, refers to arrangements and procedures that are not disputed, such as voluntary agreements between stakeholders, corporate restructuring, and other collaborative measures.


How can I avoid insolvency for my business?

Avoiding insolvency for your business requires proactive financial management, including regular monitoring of cash flow, reducing unnecessary expenses, renegotiating debts, and seeking professional financial and legal advice when needed. Restructuring strategies, contingency planning, and working closely with insolvency practitioners can also help in identifying and addressing potential financial distress before it leads to insolvency.


What are the legal requirements for non-contentious insolvency procedures?

Legal requirements for non-contentious insolvency procedures vary depending on the specific situation and jurisdiction. They may include compliance with the Insolvency Act 1986, Companies Act 2006, adherence to statutory regulations, proper documentation, and transparent communication with all relevant stakeholders. Engaging with insolvency solicitors who specialise in non-contentious insolvency ensures that all legal requirements are met.


What are the ways to avoid insolvency?

Ways to avoid insolvency include maintaining a healthy cash flow, regularly reviewing financial statements, renegotiating debts, exploring restructuring options, and seeking professional advice from insolvency practitioners or legal experts. Early intervention and a proactive approach to financial management can help in identifying potential risks and implementing strategies to avoid insolvency.


How does KaurMaxwell handle complex domestic and cross-border non-contentious insolvency?

KaurMaxwell handles complex domestic and cross-border non-contentious insolvency by leveraging our extensive expertise in insolvency law, corporate restructuring, and dispute resolution. Our team works closely with clients to understand their unique needs, providing tailored solutions that comply with legal requirements across different jurisdictions. We offer comprehensive support in all aspects of non-contentious insolvency, ensuring seamless navigation through complex legal landscapes.