Insolvency Disputes

Our specialist Civil Litigation Solicitors regularly advise on insolvency-related disputes, including statutory demands, winding-up petitions, wrongful and fraudulent trading claims, and cross-border insolvency.

Being involved in an insolvency-related civil dispute can be extremely stressful, especially if it disrupts your cash flow. We aim to take the burden off your shoulders, devising a winning strategy to settle the dispute quickly and cost-effectively.

From our Nottingham offices, we offer highly effective civil litigation advice, using best-in-class technology. Our diverse, multi-lingual team collaborates with the UK’s best Barristers, King’s Counsel, Forensic Accountants, Industry Experts, Insolvency Professionals, and Surveyors to support our Civil Litigation Department. This collaboration ensures robust representation and advice tailored to your needs.

Our Regulatory and Corporate Crime Solicitors support our Insolvency Disputes team, utilising injunctions like freezing orders and disclosure orders to help clients achieve their objectives quickly and efficiently.

Common Questions About Insolvency Disputes

What is a Statutory Demand?

A Statutory Demand is a written demand for payment served on an individual or business. If the unpaid debt is not paid within three weeks, bankruptcy or winding-up proceedings may be initiated. The debt must be over £5,000 for individuals and over £750 for companies.

Can I Challenge a CVA?

A Company Voluntary Arrangement (CVA) can be challenged in court on grounds of unfair prejudice or material irregularity within 28 days of approval. CVAs have become particularly significant in commercial property due to the COVID-19 pandemic, leading to numerous challenges. We act for both creditors and debtors, identifying any grounds for challenge.

What is Wrongful Trading?

Directors must take reasonable steps to minimize potential loss to creditors when insolvency is unavoidable. Failure to do so can lead to allegations of wrongful trading, and the court may order the director to contribute to the company’s assets.

Why Choose Us?

People choose and recommend us because we consistently achieve results, often settling disputes outside of court. Our Insolvency Dispute Solicitors have successfully resolved complex multi-million-pound claims, demonstrating our expertise in this field.

Smalleys Solicitors provides exceptional Insolvency Disputes and Civil Litigation services to clients. People choose and recommend us not just in Nottingham, Arnold, Hucknall, Derby and Mansfield, but across Nottinghamshire, Derbyshire, Leicestershire & the East Midlands, and the whole of the UK, because we get results.

To receive expert advice and representation regarding Insolvency Disputes and Civil Litigation, please contact us using the form below, call us on (0115) 955 6555, email via the Request a Callback form on this contact page.

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