Lupton Fawcett LLP

Lupton Fawcett's corporate recovery and insolvency team specialises in all areas of personal and corporate insolvency, dealing with both contentious and non contentious matters.

Most of our instructions come from insolvency practitioners at accountancy and specialist insolvency firms, both local and nationally based. We also act for lenders including banks, asset based lenders and factors.

In addition we advise both companies and directors in connection with insolvency and related issues including directors duties.

We also provide advice and assistance to other divisions of the firm, working closely with the corporate, dispute management and commercial property departments.

Personal Insolvency

We provide advice on all aspects of bankruptcies and individual voluntary arrangements (IVAs) to both trustees in bankruptcy and supervisors of voluntary arrangements and to debtors. We realise assets within debtor's estates and assist in investigation into prior transactions carried out by debtors. We also provide general debt advice for debtors and also advise in applications to annul bankruptcy orders.

Corporate Insolvency

We deal with Liquidations, Administrations, Receiverships and Voluntary Arrangements for companies and partnerships. We advise on all aspects including the appointment of the insolvency practitioner, on the validity of a lenders security, retention of title claims, we also deal with business and asset sales, claims against directors and provide restructuring, and general insolvency avoidance advice.

Company Directors

The directors of insolvent companies should take advice from us at the first opportunity both with regard to their duties as directors and with a view to exploring all of the alternatives including turnaround, formal rescue procedures and terminal insolvency procedures where appropriate.

It is important that this advice is taken early as the available options generally diminish in number over time both making turnaround and recovery increasingly difficult to achieve and increasing the risks to directors.

If steps are not taken to deal with the situation, the directors may become liable for a claim by a liquidator for wrongful trading or fraudulent trading which could result in the director becoming personally liable for the debts incurred by the company.

Our Corporate Defence and Prosecution team deal with actions against directors, further details of which may be found here