Insolvency & Restructuring Lawyers

Carefully understanding the situation and creatively carving solutions.

Whatever the cause of your financial difficulty, KaurMaxwell's team of restructuring and insolvency lawyers are here to support you.  

Whether your matter is contentious or non-contentious, we are equipped with handling cases, often complex, with due care and expertise. We provide advice to a wide range of individuals and companies, including insolvency practitioners, lenders, directors and creditors. Our advice ranges from contingency planning, negotiating agreements, corporate restructuring all the way to formal insolvencies.

Undergoing financial distress or being the office holder in charge can often be taxing. Thanks to our dedicated team, we help alleviate your concerns by providing practical relevant advice suited to your issue. This allows you to reduce your concerns knowing your matter is in safe hands, with minimal costs.

If you are facing uncertain times and in financial distress, this need not be the end of the road. We provide clients with various options so you can properly assess what your best option is. 

How our Insolvency & Restructuring team can help

Our insolvency and restructuring team offer expertise in the following areas: 

  • Non-contentious insolvency advice for insolvency practitioners
  • Contentious insolvency advice for insolvency practitioners
  • Debt and asset recovery 
  • Directors disqualification defences
  • Business restructuring advisory services
  • Insolvency liquidation
  • Personal insolvency advisory services
  • Property insolvency 
  • Advice for lenders and creditors

What is restructuring and insolvency, and why is it important?

Restructuring and insolvency are critical aspects of any business that considers the reorganisation of a company's financial structure and the process of handling insolvent entities. Restructuring allows a distressed company to restructure its debts, while insolvency procedures handle the liquidation or rehabilitation of an insolvent company. Understanding these concepts is vital for businesses and individuals facing financial difficulties.

How can restructuring help a distressed business?

Corporate restructuring is a strategic approach that helps a distressed business reorganise its financial and operational structure. By working closely with stakeholders, restructuring lawyers can negotiate with creditors, implement debt restructuring, and develop a scheme of arrangement that aligns with the company's goals. This process can revitalise a struggling business, enabling it to overcome financial distress.

What are the different types of insolvency procedures?

Insolvency procedures vary depending on the nature of the financial distress and the goals of the debtor and creditor. These may include:

  • Formal Insolvency Proceedings: Such as liquidation, where a liquidator is appointed to wind up the company.
  • Company Voluntary Arrangements: Allowing a company to reach an agreement with its creditors.
  • Personal Insolvency: Including bankruptcy and Individual Voluntary Arrangements (IVAs) for individuals facing insolvency.

How do insolvency practitioners advise in formal insolvency proceedings?

Insolvency practitioners play a crucial role in advising on formal insolvency procedures. They work closely with debtors, creditors, and other stakeholders to navigate the complex insolvency process. Whether it's corporate insolvency or personal insolvency, insolvency practitioners provide expert guidance, ensuring compliance with insolvency legislation and achieving the best possible outcomes.

What role do creditors and debtors play in insolvency cases?

In insolvency cases, both creditors and debtors have specific rights and responsibilities. Creditors may include secured and unsecured lenders, while debtors can be individuals or companies. Insolvency lawyers can act to protect the interests of all parties, advising on creditor claims, debtor advisory work, and contentious issues such as wrongful and fraudulent trading.

How does cross-border insolvency work?

Cross-border insolvency involves multi-jurisdictional complexities, requiring expertise in both domestic and cross-border insolvency law. KaurMaxwell's restructuring team is highly experienced in handling complex global financial matters, advising on Chapter 11 cases, English schemes of arrangement, and other international insolvency and restructuring matters.

What are the key aspects of restructuring and insolvency law?

Restructuring and insolvency law encompass a full range of legal disciplines, including:

  • Corporate Restructuring: Advising on debt and equity restructuring.
  • Insolvency Litigation: Handling disputes and resolution.
  • Distressed M&A Activity: Guiding through distressed creditor and equity investment.

Why choose KaurMaxwell as your restructuring and insolvency lawyers?

KaurMaxwell's restructuring and insolvency lawyers are recognised for their expertise in the insolvency field. With a wealth of experience acting for insolvency practitioners, lenders, directors and a range of stakeholders, we are able to advise and act for clients across various sectors. Our London-based team offers a full range of services, from debt recovery to business restructuring advisory services.

Frequently Asked Questions

What are the differences between restructuring and insolvency?

Restructuring involves reorganising a company's financial structure to overcome distress, while insolvency deals with the liquidation or rehabilitation of insolvent entities. The duration of the insolvency process varies depending on the type of insolvency and the complexity of the case.

How can KaurMaxwell's restructuring team help my business?

We carefully listen to your understanding of the issues your business is facing. We investigate, considering relevant financial documents, and once we get a picture of where the issues lay, we present you with options of how to sever the issue and protect the rest. We ultimately understand your objective and then work to find you a bespoke solution.

Can I handle insolvency procedures without a solicitor?

Whilst it's possible to handle some insolvency procedures without a solicitor, the complexities of insolvency law make it advisable to seek professional guidance to secure the best outcomes.

What are the risks of corporate debt restructuring?

Corporate debt restructuring carries risks such as potential legal disputes and stakeholder resistance, making professional guidance essential.

Can insolvency lead to liquidation?

Yes, insolvency can lead to liquidation if a company is unable to pay its debts. There are several ways to liquidate a company, to understand whether this is the right path for your company and what your next steps are, please get in touch.