Helping creditors achieve the best financial outcome when a debtor defaults
- Debtors defaulting on their obligations or worse becoming insolvent can cause business failure.
- If you are a creditor to a business that is in financial difficulty or entering into insolvency proceedings, we can help maximise what you recover and minimise the impact of insolvency on you.
The insolvency of a business or an individual can affect trade suppliers, customers, landlords, lenders, and employees.
If a debtor is nearing, or is already in, a formal insolvency process (such as liquidation, administration, bankruptcy, or voluntary arrangement), we can advise and assist you with:
- Understanding your options and rights as a creditor
- The appointment of insolvency practitioners to manage and investigate the affairs of the debtor, which may include pursuing action against connected or associated parties or third parties to recover money for creditors
- Lodging your claim
- Recovering goods subject to retention of title
- Negotiating terms with insolvency practitioners where they are trading a business and want you to continue to supply to them
- Reviewing proposals from the debtor and/or insolvency practitioner
- Attending meetings of creditors or acting on creditors’ committees on your behalf.
Whether you have had the misfortune of dealing with several insolvency situations, or this is a new experience for you, we can provide appropriate advice and support to best protect your business.
We can work with you to pursue and recover debts before a debtor goes into a formal insolvency process. For more information, please see our Debt Recovery section.
We can also review your trading terms to help strengthen your position and minimise the impact of insolvency on customers or suppliers.
If you are a creditor with security or a valid retention of title clause, we can guide you through the process and assist with the recovery of assets despite the insolvency.