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Publications

Insolvency and Corporate Recovery

Our Insolvency team comprising of members from the Litigation and Dispute Resolution group and the Corporate and M&A group provide advice and support to companies, 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 and has significant experience in the area of examinership, receivership’s and the appointment of liquidators.

The team advises all parties including liquidators, directors, shareholders and creditors. Directors are advised on matters such as reckless trading, fraudulent trading, misfeasance and restriction or disqualification of directors. Assistance can be given to shareholders in exercising their legal rights against companies or directors who have engaged in wrongful conduct or minority oppression as well as the risks and effects of voluntary and involuntary liquidations and examinership.

The team advises creditors 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.

Our recent experience includes:

  • 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..
  • acting for O’Briens Sandwich Bars during examinership.
  • acting for liquidators of in numerous official and voluntary  liquidations.
  • acting for United Drug in a recent examinership.
  • advising on disqualification and restriction procedures.
  • acting for major suppliers during Superquinn’s restructuring.
  • advising NAMA on enforcement of secutiries.