Corporate Insolvency Solicitors

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Having worked with business clients since 2014, we are well-versed in dealing with insolvency and bankruptcy claims on behalf of companies, directors, shareholders, insolvency practitioners and creditors. Our insolvency solicitors will assess your financial situation to find positive solutions for your organisation, from debt recovery to company restructuring and uncovering new financing opportunities.

As distressing as facing a winding-up petition may be, there are options available and we are here to advise you on the next steps in your case. Our team will act quickly and confidently on your behalf to find a solution fast as insolvency is a time-sensitive matter.

To speak to an expert insolvency lawyer in London, Birmingham and Northampton, write to us at info@witansolicitors.co.uk and book your initial no-obligation consultation today.

Our Approach

We appreciate the impact that the financial troubles of your businesses can have on your life and we are here to make the process the least stressful possible. Our insolvency and corporate recovery solicitors are here to provide you with clear, commercially focused legal advice that guides you towards the best outcome, as quickly as possible.

We put legal jargon into understandable language so that you get a clear picture of the situation and your options. By doing that we aim to put back the power over your future in your hands in a situation where you may feel like many aspects of your life are no longer under your control. 

Fluent in more than ten foreign languages, our insolvency lawyers have the capability to bring clarity in cases that pertain to businesses with international operations, as well. 

Our Clients

We implement a non-judgemental, efficient and commercially focused approach to provide our corporate clients with practical solutions. Over the years, our insolvency and corporate recovery solicitors have built strong, lasting professional relationships with clients such as:

• Companies facing compulsory liquidation as a result of winding-up petitions
• Insolvency practitioners facing breach of duty claims by creditors
• Directors whose companies are facing insolvency and bankruptcy
• Shareholders who believe directors are at fault for the insolvency of a businesses
• Creditors who have been defrauded
• Liquidators who wish to raise claims against insolvent businesses

Our Services

When your organisation is facing financial difficulties, our insolvency and corporate recovery solicitors in London, Birmingham and Northampton can help you minimise the damages and recover from a financial crisis.

Insolvency

Where possible, we will take the necessary steps to avoid insolvency to begin with and where this is not possible, we will guide you through the process of formal or informal insolvency. Our experienced insolvency experts can assist you in facing any insolvency claim as we have experience in dealing with a wide range of common insolvency matters, such as:

• Winding up petitions
• Injunction against winding up petition
• Statutory Demands
• Individual Voluntary Arrangements (IVA)
• Claims of Breach of Fiduciary Duties/Misfeasance
• Illegal Dividends
• Wrongful Trading
• Fraudulent Trading
• Directors Disqualification
• Preference Claims
• Validation Orders
• Reuse of a Company Name After Liquidation
• Transactions at an Undervalue
• Shareholder disputes in an insolvent business
• HMRC investigations

Corporate Recovery

Going through insolvency is a difficult time, however, our corporate recovery specialists can help you make the most of a challenging situation. Witan Solicitors provide support with:

• Company restructuring
• Re-financing
• Commercial debt recovery
• Negotiating with debtors and creditors on your behalf

Bankruptcy Annulments

When you are facing a bankruptcy order that you would like to reverse, we can work on your behalf to arrange a bankruptcy annulment. Once the annulment is effective, your credit score will be restored and you will get back any property that has been taken away as a result of the bankruptcy.

Why Choose Witan Solicitors?

• 100+ Years of Experience: Entrust the future of your business to an expert legal team with over a century of combined experience in corporate law
• Winning Cases Since 2014: Our impressive track record over the years is a testament to our dedication – we are here to win your case 
• Legal 500 Recognised: Our Solicitors have been recognised in the Legal 500 
• Industry Experts: We are invested in growing our knowledge and we are experts in our field 
• Multilingual Support: Our insolvency and corporate recovery solicitors can offer advice to international clients in over 10 languages 
• Insolvency solicitors near you: We have offices in London, Birmingham and Northampton 

FAQ

What is a winding-up petition?

When an insolvent company has unpaid debts, the creditor can make a winding-up petition to the court to force the business into compulsory liquidation.

What is bankruptcy?

When you can’t pay your debts, declaring bankruptcy allows for your assets to be used to offset any outstanding debts and after a certain period of time (usually a year), all remaining debts are written off, giving you the possibility of a fresh start. Bankruptcy only applies to individuals and sole traders, not business entities. 

What is a statutory demand?

The statutory demand is a formal warning by a creditor letting you know that if a satisfactory repayment solution isn’t found soon, they may start court proceedings, such as filing a winding-up petition, against you.

What is an antecedent transaction?

Transactions made by a business after its insolvency or two years before the insolvency can be challenged by administrators and liquidators. Those are called antecedent transactions. 

What is a validation order?

If you have been served with a winding-up petition, you can apply for a validation order that would allow you to continue trading. 

What are public and private examinations?

Public examinations are the examinations of any persons who the court may believe have viable information about the affairs of the business facing insolvency. The examination becomes private if the court decides to examine certain parties in private. 

What is a transaction defrauding creditors?

A transaction defrauding creditors, also known as an avoidance transaction, is a transaction made by a debtor prior to the insolvency proceedings with the goal of moving assets that could otherwise be used to repay creditors in the event of insolvency. 

What legal funding options are available?

At Witan Solicitors we offer a variety of funding options, including:

• Conditional Fee Agreement (CFA) – the fees charged by the solicitors vary depending on the outcome of the case 
• Damages-Based Agreements (DBA) – the solicitors charge a set percentage of any gains made by the client
• Third-party funding – an arrangement is made with a third party to provide funding for your litigation in exchange for a financial arrangement dependent on the outcome of the case