FAQs
What is an insolvency dispute?
An insolvency dispute involves legal issues arising from financial distress or formal insolvency proceedings. These can include winding-up petitions, bankruptcy, director disqualification, wrongful trading claims and disputes involving liquidators or administrators.
What's the difference between wrongful trading and fraudulent trading?
Wrongful trading occurs when directors continue trading after they knew, or should have known, that insolvent liquidation could not reasonably be avoided. Fraudulent trading requires an intention to defraud creditors and may also constitute a criminal offence.
Can I be personally liable for my company's debts?
Generally not, as companies benefit from limited liability. However, directors may become personally liable in certain circumstances, including wrongful or fraudulent trading or breaches of their legal duties.
What happens if I receive a statutory demand?
A statutory demand should never be ignored. If no action is taken, it may lead to bankruptcy proceedings or a winding-up petition. There may be grounds to challenge or set the demand aside, so legal advice should be sought promptly.
Can a liquidator investigate transactions from before the company became insolvent?
Yes. Liquidators have powers to investigate certain transactions made before insolvency, including transactions at an undervalue and preferential payments to creditors.
Can directors defend disqualification proceedings?
Yes. Directors may be able to challenge allegations, negotiate undertakings or defend proceedings before the court. Early legal advice is important to protect your position and professional reputation.
Do you advise both businesses and individuals?
Yes. Thompson Roderick advises companies, directors, insolvency practitioners and individuals across a wide range of contentious insolvency matters, providing direct representation by an experienced solicitor throughout.



