Creditor services

Resolving creditor issues is a primary facet of financial restructuring and recovery, while recovering outstanding debts swiftly and efficiently can go a long way towards mitigating a contentious situation.

Creditors’ priorities are to ensure their interests are upheld and their investment recovered. Whether through forensic investigation, asset tracing, enforcement and insolvency, dispute resolution or simple debt recovery, there are numerous ways to defend creditors’ rights.

• Creditor meetings: Dealing with insolvency paperwork on your behalf, adapting proposals to reach a compromise of debt, sharing previously undisclosed information.
• Supplier’s retention of title: Advising on the options available to recover money and stock for suppliers of insolvent businesses.
• Supplier reviews: Assessing the recent and anticipated financial performance and creditworthiness of a business, where a supplier has concerns about credit already advanced to the business.
• Investigations: Covering fraudulent trading, wrongful trading, misfeasance, preference, transactions at an under-value, unpaid capital recovery of voidable dispositions and unlawful dividends.
• Advice to landlords: Assisting with proposed restructuring of a tenant, including voting rights in formal restructuring or insolvency, disclaimer of onerous leases in liquidations, the right of occupation of an insolvency practitioner, and rights of enforcement such as distraint and forfeiture.
• Tenant services: Including quantification of landlord claims in restructuring, assessment of solvency and the impact of onerous leases, and assistance in negotiated settlements.