We provide a specialist bespoke service to lenders and creditors that includes preparation and review of security and facility documents, debt and asset recovery and assistance to creditors dealing with an insolvent debtor.
Where we come in and where we can provide assistance:
- Commercial debt and asset recovery;
- Security advice; and
- Experienced insolvency advice - to secured and unsecured creditors.
Commercial Debt and Asset Recovery
We appreciate that chasing customers, clients and companies who owe money can be time consuming, infuriating and damaging to cash flow. We work with a variety of lenders and businesses to recover money owed by customers. We also work for lenders to assist with recoveries linked to leased and secured assets. For those with security already in place we have a specialist team devoted to guarantee proceedings, enforcement of legal charges, recovery of leased assets and residential mortgage recoveries.
We are passionate to ensure that you have more time to dedicate to other aspects of your business so that productivity can flourish. Our team understands the importance of balancing the impact of bad debts against the cost of recovery and our service is tailored to the needs of each individual client.
We are flexible in what approach you want us to take - whether it be robust or tactful. We also understand that commercially and financially this must work for you. Our offering covers a number of charging structures including an agreement whereby our fees are paid from the amount recovered. In many cases we can also offer a genuine “no win no fee” promise which tells you that we are specialist and confident of our success rate.
We will work with you to answer all your questions, keep you fully informed of progress and ensure the optimum outcome for your business. We pride ourselves in adapting to how your business operates to provide efficiency to your operations and reporting that is tailored to your requirements.
As a specialist insolvency and restructuring firm we have particular expertise in dealing with statutory demands, bankruptcy and winding-up petitions as well more specialist options such as creditor driven administration or provisional liquidation. We are also used to working with Insolvency Practitioners to undertake options and viability reviews of distressed customers
Security Advice
We know the critical importance of lenders having watertight facility and security documents in place to withstand any future challenges. Our team can prepare a wide range of transactional documents including facility agreements, debentures, legal charges and personal guarantees. They are also used to undertaking reviews of security documents - both on a routine maintenance basis and as a precursor to taking enforcement action.
Experienced Insolvency advice - to secured and unsecured creditors
We assist and represent secured and unsecured creditors in both corporate and personal insolvencies. We also provide advice on inter-creditor disputes and positions.
Corporate Insolvencies
Our work with secured creditors includes:
- Advising on the validity of their security and facility documents.
- Advising on recovery and enforcement options/strategies to maximise recoveries, including pursuant to charges and personal guarantees
- Advising on options/strategies where fraud is suspected
- Working with Insolvency Practitioners to undertake options and viability reviews of distressed customers
- Advising charge holders about Law of Property Act receivership and the appointment of administrators (including via Court application)
- Assistance in dealing with liquidators, administrators, supervisors of voluntary arrangements and Law of Property Act receivers
- Advising suppliers with retention of title (ROT) issues including the effectiveness of their ROT clauses and recovery of their goods from insolvent entities.
- Seeking or challenging the appointment of an office holder - whether as an administrator, supervisor of a voluntary arrangement or a liquidator
- Court applications to protect their interests, including challenging the actions of office holders
Our work with unsecured creditors includes:
- Statutory demands and winding-up proceedings
- Provisional liquidation and creditor driven administration applications
- Advising on recovery and enforcement options/strategies to maximise recoveries, including pursuant to personal guarantees
- Advising on options/strategies where fraud is suspected – including advice to groups of creditors in relation to failed investment schemes
- Working with Insolvency Practitioners to undertake options and viability reviews of distressed customers
- Advising in connection with insolvency proceedings including company voluntary arrangements , liquidations, administrations, and Law of Property Act receiverships
- Assistance with lodging proofs of debt and representation at creditors meetings
- Seeking or challenging the appointment of an office holder - whether as an administrator, supervisor of a voluntary arrangement or a liquidator
- Court applications to protect their interests, including challenging the actions of office holders
Personal Insolvencies
We are used to assisting secured creditors with their recovery options where a debtor has gone bankrupt or entered a voluntary arrangement.
Our work with unsecured creditors includes
- Statutory demands and bankruptcy proceedings
- Interim receivership applications
- Advising on recovery and enforcement options/strategies to maximise recoveries
- Advising on options/strategies where fraud is suspected
- Advising in connection with insolvency proceedings including individual voluntary arrangements, informal arrangements and bankruptcy
- Assistance with lodging proofs of debt and representation at creditors meetings
- Seeking or challenging the appointment of an office holder - whether as a trustee in bankruptcy or supervisor of a voluntary arrangement
- Court applications to protect their interests, including challenging the actions of office holders
If you are interested in seeing how we could potentially help support your business grow, please feel free to get in contact for a free initial consultation and to discuss where we can assist you.
The information contained within this website is for information only and should not be construed as an accurate summary of the law or legal advice on any matter.
“The small commercial litigation team at Isadore Goldman is largely though far from exclusively focused on disputes with an insolvency aspect, in respect of which it has vast experience and an ability to provide exceptional service to its clients.”
January 28, 2021
