BrookStreet des Roches works with clients to achieve the best possible outcome in insolvency and restructuring situations.

What we do

We support clients when they are either confronted by their own potential insolvency or have a debtor (perhaps a client or a tenant) that is unable to settle its obligations. We help plot a route through the maze of practical, legal and technical issues to ensure the best outcome for the client and to protect its interests.

If a business can be saved, we will work with management towards achieving this aim or we will take on the difficult task of closing down the business in an orderly fashion, ensuring directors are advised on the duties, responsibilities and options available. When confronted by a potentially insolvent debtor, we will work towards the best possibility of recovering assets and value (be that money or property) without incurring undue expense, either before the debtor enters insolvency or obtaining payment through the insolvency process.

We have a breadth of experience, including the following scenarios:

• Landlords pursuing tenants for arrears of rent or service charges
• Appointment of LPA receivers
• Trustees in bankruptcy realising assets from the bankrupt estate for the benefit of creditors
• Pursuing companies and threatening insolvency proceedings unless payments of monies owing are paid
• Instructing liquidators to bring wrongful trading actions against former directors
• Representing directors in disqualification proceedings
• Advising companies and other business entities on restructuring their group arrangements, often using s110 Insolvency Act 1986 procedures
• Buying and selling businesses as going concerns (or otherwise) out of administration, including pre-pack arrangements
• Advising boards of directors and individual directors as to their statutory duties under the Companies Act 2006 and Insolvency Act 1986
• Providing advice as to the various options available (administration, liquidation, voluntary arrangements, and other formal and informal schemes short of insolvency) to a client facing possible insolvency
• Impact of insolvency on intellectual property rights
• Associated employee issues

We bring a coordinated approach across litigation, corporate, real estate, employment and intellectual property disciplines. This enables us to identify further possibilities of achieving a realisation than would otherwise be the case.

Why choose us

Our Insolvency and Restructuring lawyers have backgrounds both in law and business, ensuring you receive the best commercial and legal advice. If you need support when confronted by insolvency or restructuring issues, contact us or read more about why we are different.