Complete corporate insolvency solutions

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Insolvency: dealing with what’s left behind

Corporate insolvency has catastrophic consequences for a company, its creditors, directors and shareholders. These circumstances create complex legal issues that usually require urgent attention.

Bennett & Philp has one of the most experienced Corporate Insolvency Teams in Queensland. Our strong relationships and proven track record sees us act for liquidators, voluntary administrators, receivers, controllers, accounting firms, financial institutions, public and private companies and individuals to deal with what’s left behind.

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Corporate insolvency services

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  • Directors and shareholder services

    We provide services to support directors, shareholders and family members, helping to:

    • Advise on rights and options pre and post-insolvency
    • Defend actions brought by insolvency practitioners for unfair preferences, breach of directors’ duties (such as Phoenix transactions), uncommercial and other related party transactions
    • Defend directors and companies against winding up proceedings and other actions brought by ASIC and creditor
    • Advise on and draft deeds of company arrangement
    • Prepare creditors trusts in a Deed of Company Arrangement
    • Draft and negotiate informal and formal agreements for companies seeking to compromise their debts as an alternative to liquidation
    • Provide assistance and advice on informal workouts and other forms of restructuring
  • Creditor services

    We provide services to support creditors, helping to:

    • Act for creditors to wind up corporate debtors
    • Act for secured creditors to realise secured assets
    • Advise creditors on how to proceed against debtors with complex legal structures (e.g. trust and unincorporated joint ventures)
    • Advise creditors on pursuing foreign companies or judgments obtained in other countries against assets or debtors located in Australia
    • Represent creditors in creditors meetings
    • Act for creditors in proof of debt disputes against liquidators
    • Act for creditors in preference claims, uncommercial transactions and other claims made by liquidators
  • Liquidators, administrators and receivers services

    We also support liquidators, administrators and receivers to:

    • Act in urgent business sale or asset sale agreements
    • Prepare Deeds of Company Arrangement
    • Prepare documentation for creditors trusts
    • Act against directors who have carried out Phoenix style restructures
    • Take action under the Corporations Act to recover unfair preferences, commercial transactions, related party transactions;
    • Carry out public examinations
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Plan your next move

Don’t wait until you end up in Court the next day, call us to consider your realistic options as soon as possible.

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Don’t wait any longer to get the right advice

All of our lawyers are highly specialised and experienced in their area of law
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