Insolvency & Restructuring

Setfords Solicitors have substantial experience of Insolvency, Corporate Recovery and Restructuring in both contentious and non-contentious matters.

We regularly advise Insolvency Practitioners, secured lenders, unsecured creditors and landlords, as well as companies, directors, partnerships and individuals on all aspects of insolvency law to find practical solutions to maximise value and minimise the risk of incurring civil, criminal or personal liability. In many cases a key factor to a successful outcome is for stakeholders to seek and follow professional advice as early as possible, when more options are likely to be available.

We can assist with:

Administrations

Restructuring and financing

Liquidations, solvent and insolvent

Pre-insolvency advice and continuing to trade

Business and asset sales and acquisitions

Pre-packaged sales and SIP 16 compliance

Retention of Title

Advice on COMI, cross border and jurisdictional issues

Priority, validity and enforceability of security

Distribution of realisations

Personal guarantees

Preferences, transactions at an undervalue and phoenix trading issues

Landlord’s rights and remedies in insolvency

Liens, distress and forfeiture

Insolvency litigation including shareholder, director and partnership disputes

Director’s duties and defence of disqualification proceedings

Individual and company Voluntary Arrangements

Statutory Demands

Winding Up Petitions

Personal insolvency issues

Bankruptcy Petitions

Fixed charge and LPA receiverships

Lawyers in focus

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Ian Searle – Senior Consultant solicitor

Ian joined Setfords in 2013 as a Senior Consultant Solicitor in the firm’s insolvency and restructuring team.

Ian qualified as a Solicitor in the City in 1984 and has worked in London and the South East for more than 25 years helping to find pragmatic solutions for stakeholders to avoid or deal with the commercial and legal effects of financially distressed or underperforming businesses. He is also authorised by the Law Society as an Insolvency Practitioner (non-appointment taking) which gives him additional insights into the rescue culture and the need to identify and address both operational and financial issues on a restructuring or turnaround, to maximise the chances for long term success.

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"Very very helpful. Don't know how we would have managed without her. Will certainly use her again. Excellent."...