Insolvency

David has a broad insolvency practice and is experienced in the following areas:

• Applications involving transactions at an undervalue, preferences and misfeasance
• Corporate insolvency matters, including Winding-up Petitions and Applications to Set-Aside
• Administration Applications and Applications for an extension of an Administrator’s term of office
• Remuneration Applications
• Personal bankruptcy matters, including Bankruptcy Petitions and Applications to Set-Aside Statutory Demands
• Orders for Sale by the Trustee in Bankruptcy
• Advising officeholders generally

David’s recent work includes:

• Acting for the officeholder in a multi-day trial concerning various TUV and preference claims
• Acting for the Liquidators in a case dealing with allegations of misfeasance in relation to an overdrawn director’s loan account.
• Acting for the Liquidators in the appeal of a rejection of a proof, said to be worth in excess of £3,000,000.
• Acting for the Trustee in Bankruptcy in Order for Sale proceedings, where the wife of the bankrupt alleged to have equity in the property.
• Acting for the Supervisor of a CVA in a case involving challenges to the Supervisor’s valuation decisions. The case involved allegations that the creditors were connected.
• David was led by Mark Cawson KC in a matter concerning the recovery of sums due under a high value loan facility against a former bankrupt.
• Defending an application to set aside a statutory demand made on the basis that the debtor had offered security for the debt, which had been unreasonably refused by the creditor.
• Appearing on behalf of administrators in applications pursuant to paragraph 76(2)(b) of Schedule B to the Insolvency Act 1986 to extend the term of the appointment and administration of companies
• Acting for joint administrators in an application to make a retrospective administration order where creditor consent to extend the original term had not been properly obtained (applying Re Biomethane (Castle Easton) Ltd)
• Acting for both creditors and debtors in relation to injunctions to restrain the notification of winding up petitions.