Restructuring, Turnaround & Insolvency
Insolvency law is a complex area, requiring a team of lawyers that not only have commercial acumen but also are strategic in their thinking. They need to be experienced in the contentious and non-contentious aspects of insolvency, turnarounds, restructuring and ongoing risk management. They also need to be willing to take the time to:
- understand the big picture;
- identify the key issues; and
- develop a realistic strategy that enables you to move forward.
If you sense that you are about to face a ‘bump in the road’, you need to act quickly and obtain the best possible advice. Our Restructuring, Turnaround and Insolvency team draw on their combined experience in corporate and commercial matters, M&A, tax and insolvency law to create the best outcome for your legal, financial and commercial circumstances.
We act for:
- private clients;
- small to medium-size enterprises (SMEs);
- large corporations;
- creditors (including lenders); and
- insolvency professionals (administrators, liquidators, provisional liquidators, receivers and bankruptcy trustees).
Our team are well equipped to advise you on:
- legal issues that may affect solvency;
- insolvency, risk management and minimisation;
- directors’ duties of disclosure in relation to solvency issues;
- commercially viable ways to restructure businesses facing financial difficulty;
- debt work outs;
- creditors’ rights and obligations;
- restructuring and/or negotiating debt facilities and debt instruments;
- voluntary administration and liquidation;
- deeds of company arrangement and schemes of arrangement;
- bankruptcies; and
- credit recovery strategies.
Unfortunately, insolvency and litigation are two areas that are inextricably linked. Our litigation team are well equipped to handle insolvency-related disputes, such as:
- insolvent trading claims;
- competing securities;
- creditor preference disputes; and
- claims against directors and company officers.
Finally, we are experienced in dealing with insolvency issues in the following industries:
- wine and liquor;
- food and beverage;
- meat and poultry;
- agriculture and aquaculture;
- fuel and natural resources; and
Barraket Stanton is a member of INSOL International (International Association of Restructuring, Insolvency & Bankruptcy Professionals).