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Insolvency and Reconstruction


Insolvency

The team at Marsh & Maher have decades of relevant experience in all areas of personal and corporate insolvency.

We have acted for a diverse range of clients from various perspectives. A significant portion of the work we undertake in this area is for insolvency practitioners.

What we have found over time is that this experience has given us unique insight into the insolvency regime and the major areas of risk exposure for corporate and private clients who may be facing insolvency.

We use this experience in a private client context to provide ongoing advice and support, consult strategies to achieve an optimum outcome from an insolvency or possible insolvency, and deal with third parties on behalf of the client.


Services which we provide in this area include:

  • Acting for Liquidators, Administrators, Receivers and Managers and Trustees in Bankruptcy;
  • Acting for directors and private clients exposed to insolvency;
  • Implementing corporate restructures;
  • Advising on asset protection strategies when insolvency is not an issue;
  • Dealing with financiers and other creditors and stakeholders to achieve sensible commercial outcomes;
  • Litigation services arising from actions taken by insolvency practitioners;
  • Dealing with claims made on guarantors;
  • Advice, drafting and implementation of Deeds of Company Arrangement (corporate) or Part X Personal Insolvency Agreements (personal).

Some example of recent experience in this area:

  • Acting for Voluntary Administrators who are trading a business with a view to effecting a sale of the business, followed by a Deed of Company Arrangement;
  • Acting for investors with respect to the Opes Prime and Timbercorp collapses;
  • Seeking directions from the Court on the extent of a trustee’s right of indemnity in a liquidation;
  • Dealing with claims of suppliers and creditors under the PPSR regime;
  • Acting for directors pursued pursuant to personal guarantees to resolve debts, dealing with financiers and brokers to facilitate a refinance of existing obligations;
  • Conducting examinations into corporate collapses and potential fraud to recover funds for creditors.

Specialised Lawyers:


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