Insolvency

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

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

David’s recent work includes:

• 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 QC 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.
• Acting for both creditors and debtors in relation to injunctions to restrain the notification of winding up petitions.
• David regularly appears for both creditors and debtors in matters determining whether there is a genuine and substantial dispute.
• Acting for a Petitioning Creditor in a case to determine whether the “Coronavirus Test” under the Corporate Insolvency and Governance Act 2020 had been satisfied.