Insolvency Disputes

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.