Insolvency

The Insolvency Department at Stephens & Son LLP draws on the skills of highly qualified and experienced lawyers across a range of disciplines.

We frequently act for office holders, companies, partnerships and private individuals in connection with Voluntary Arrangements (Company, Partnership and Individual), Bankruptcies, Liquidations, Administrations and Receiverships. The Insolvency unit is equipped to advise and assist with all aspects, from the realisation of assets including the family home, to dealing with directors’ liabilities and the investigation and adjustment of prior transactions.

The Department handles all matters calling for specialist knowledge of insolvency law, regulations and procedures:

Individual Voluntary Arrangements, Bankruptcy, Company Voluntary Arrangements, Administrations and Liquidations. Conditional Fee Agreements and insurance for adverse costs may be available.

For more information contact the Unit on 01634 811444 or email us at email@stephens-son.co.uk.

Claims & court proceedings

The Insolvency Department has a successful track record in insolvency litigation, including applications for Individual and Company Voluntary Arrangements, Petitions for Bankruptcy or Liquidation, Applications for Administration Orders, and Winding Up Orders.

Adjustment of prior transactions

The Office Holder can recover pre-insolvency assets disposed of by the company. There are also potential claims against directors who have continued to trading while insolvent.

Businesses & property

The sale or purchase of insolvent businesses and property is a particularly specialist field, sometimes involving expert knowledge of warranties or employment issues with strict time limits, and always requires careful advice.

Realisation of assets and matrimonial home

The obligation of the Office Holder is to realise the individual’s or company’s assets. Realisation of the bankrupt’s interest in the matrimonial home is an area of law under constant change and should not be under taken or defended by the inexperienced.

Trust & probate

An insolvent estate has to be wound up in accordance with bankruptcy procedures, and there are potential claims against anyone who has inherited property by right of survivorship. We have experience of these issues.

Directors' liabilities

The Insolvency Act 1986 (as amended) contains an unexpected number of criminal offences which, along with applications for company director disqualification orders and undertakings, can be handled by the Insolvency Department.

Mediation

Stephens & Son LLP has a specialist Insolvency Department with extensive experience of both corporate and personal insolvency matters.  We recognise that this is a highly specialised area of law that few other Kent firms can offer.