Insolvency and Corporate Recovery
Our Litigation and Dispute Resolution team provides advice and support to directors, shareholders and creditors on a full range of insolvency and corporate recovery issues. The team also advises insolvency practitioners on all aspects of national and cross-border insolvency matters.
Directors: The Corporate and M&A team has broad experience of advising directors on the consequences resulting from the appointment of liquidators, receivers and examiners. The team specialises in providing focused advice to directors on reckless trading, fraudulent trading, misfeasance and restriction or disqualification of directors.
Shareholders: The Corporate and M&A team can assist shareholders in exercising their legal rights against companies or directors who have engaged in wrongful conduct. We also advise shareholders on the risks and effects of voluntary and involuntary liquidations.
Creditors: The Corporate and M&A team advises on the options available to secured and unsecured creditors when seeking to recover from an insolvent company. We can also attend creditors’ meetings to support and advise our clients through the insolvency process.
The insolvency and recovery issues handled by the team include voluntary and involuntary liquidations, examinership, schemes of arrangement, receiverships, cross-border insolvency and bankruptcy.
Recent transactions include acting for/advising:
- a major international bank and leading derivatives dealer in relation to the examinership of Structured Credit Corporation.
- Citibank in the examinership of ISTC.
- numerous counterparties in the Bear Stearns Hedge Fund collapse.
- Irish Institutions and investment funds in the Amaranth Hedge Fund collapse.
- several custodian banks, counterparties and investment funds in the Lehman Brothers bankruptcy and UK administration.
- leading Irish advertising agency successfully through its voluntary liquidation process.
- acting for the secured lenders to the Smart Telecom Group, currently in examinership.
- acting for O’Briens Sandwich Bars, currently in examinership.
- acting for the liquidator of International Golf Collections Limited.