Insolvency Litigation Dispute Resolution – like all litigation – ideally is to be avoided but sometimes it is the only route to resolving a dispute. At Oliver Elliot we have a remarkable wealth of experience of using litigation successfully to help creditors obtain recoveries, even when they might have written off their debt.
How Oliver Elliot can help:
- A caring, responsive and pragmatic approach
- Leaving no stone unturned
- Ethical, focused and trusted
- Our expertise is at your fingertips
- No Recovery No Fee options for creditors
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We have more than twenty years insolvency and business experience, resolving challenging business financial circumstances for Creditors. Contact Us for a Free Initial Consultation.
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Learn more about our insolvency investigation services
Do not despair and assume that simply because a company is insolvent or gone into liquidation that all hope is lost. Recoveries can be made for creditors. Help us help you by giving us the information we need to unlock those challenging realisations to benefit all of the creditors.
Antecedent Transactions such as Transactions at an Undervalue, Preferences and Transactions Defrauding Creditors can all be mobilised to help you as a creditor get better recoveries in an insolvency.
Wrongful Trading is trading whilst insolvent without having reasonable prospect of avoiding insolvent liquidation.
Fraudulent Trading is the intention of defrauding creditors. It is the action by a director of a company of carrying out its business with the discrete intention of defrauding its creditors.
Misfeasance or Breach of Duty
Misfeasance and Breach of Duty or breach of trust can arise because Directors owe fiduciary duties to their companies. The duty is that amongst other things of loyalty, not to secretly profit and to act in good faith in the best interests of the company.
Unlawful and illegal dividends by Directors are dividends that are declared at a point when the company does not have sufficient distributable reserves.
Overdrawn Director’s Loan Account
An overdrawn Director’s Loan Account is in effect an asset of the company and will need to be resolved upon a company entering liquidation or going into administration.