Lavelle Partners
is recognised as one of Ireland’s leading contentious insolvency law
firms. Our insolvency team is headed up
by Managing Partner, Michael Lavelle, a top insolvency expert for over thirty
years. Michael has developed our
insolvency team into a top-tier practice, as reflected by the large number of
landmark insolvency and contentious insolvency cases in which the firm has
acted.
Our expertise
in insolvency means we are best placed to advise and represent parties to
contentious insolvency disputes and litigation.
What is contentious insolvency?
Insolvency
occurs when a company is unable to cover their debts due to lack of funds and
is placed in receivership, liquidation or examinership. Lavelle Partners act
for and advise receivers, liquidators and examiners, as well as insolvent companies,
their creditors and their directors or shareholders. Services we provide
include:
- Petitioning
the High Court on behalf of creditors to place insolvent companies in
liquidation or examinership.
- Placing
companies in voluntary liquidation and holding the required creditors meeting.
- Acting
for liquidators in litigation on behalf of insolvent companies.
- Acting
for examiners before the High Court during the course of examinerships.
- Representing
the interests of creditors of companies in examinership before the High Court
& Circuit Court.
This is a
highly complex area of law and can, in some cases, give rise to additional
disputes relating to improper conduct of company directors and management in
the handling of insolvency; this is contentious insolvency. Such situations may include:
- Fraudulent trading – occurs when a company carries on operating
with the intent of purposefully deceiving and defrauding its creditors
- Misfeasance – when a director carries out a
wrongful act in the handling of company money while insolvent, including a
breach of duty of trust
- Preferential payments – transactions may be deemed
‘preferential’ if made soon before a company is made redundant (when it cannot
pay its debts)
- Transactions below value – selling assets below value
- Unlawful dividends – payment of dividends to directors
when there is insufficient profit to do so.
- Wrongful trading – continuing to trade when technically
insolvent
Lavelle
Partners have assisted in many cases of complex insolvency disputes and
litigation, providing advice and representation to liquidators, examiners, banks,
lending institutions, company shareholders, directors, creditors, regulators, and other stakeholders. Such cases often require in-depth
investigations, requiring forensic accounting across multiple jurisdictions,
eDiscovery skills and multi-disciplinary teams.
As a
full-service law firm, Lavelle Partners’ contentious insolvency Solicitors
benefit from ready access to a range of in-house legal expertise across all
practice areas. This allows us to
formulate and execute legal strategies which are considered from all possible
angles, including taxation, commercial and corporate, banking, property,
insolvency, and professional negligence law.
How can alternative dispute resolution (ADR) resolve insolvency disputes?
When you first
discuss your insolvency dispute matter with our team, they will seek to
determine the best possible route to a resolution. In many cases, but not all, ADR may offer the
best approach. ADR methods, such as
mediation, adjudication, and arbitration all aim to achieve an amicable outcome
to a dispute by using non-legal means.
ADR has become increasingly popular in Ireland in recent years due to
its considerable benefits; it is typically much cheaper and faster than
litigation involving the Courts, and crucially it helps preserve business
relationships. ADR dispute resolution
relies on an independent and neutral third-party who will either play a role in
helping the parties to find their own conclusion (mediation) or make a
determination on their behalf (arbitration).
Why choose Lavelle Partners to assist you with Insolvency Disputes?
- Lavelle
Partners is recognised as one of Ireland’s leading insolvency practices. The insolvency team is headed up by Managing
Partner, Michael Lavelle. Building on
his own reputation as a top insolvency expert for over thirty years, Michael
has developed our insolvency function as a top-tier practice, as reflected by
the large number of landmark insolvency cases in which the firm has acted.
- Our
insolvency lawyers are members of the Irish Society of Insolvency
Professionals, Irish Insolvency Group and Irish Institute of Credit Management.
- We
provide expert advice across the range of insolvency matters. Our insolvency Solicitors have expert
knowledge and experience in advising banking and other creditors, directors and
shareholders. Our firm is also instructed by leading insolvency practitioners in
Dublin, as well as foreign lawyers, accountants and creditors.
- The
firm’s team of experienced insolvency lawyers is committed to achieving the
best commercial outcome for our clients. The focus is on developing a relationship with
each client that maximises the benefits of our experience, industry knowledge,
commercial realism and flexibility.
- Our
Solicitors are approachable, intelligent, and pragmatic. When it comes to handling commercial disputes, we will assess your situation
objectively and provide a clear strategy to move your matter forward.
- Lavelle
Partners is a full-service law firm – meaning our clients benefit from advice
and representation which is considered from all possible legal
perspectives. This affords our clients a
considerable advantage in insolvency disputes.
For further information regarding insolvency disputes in Ireland, please contact Lavelle Partners in confidence on (01) 644
5800.
