Liquidation & Bankruptcy Lawyers

Resolution & Litigation

Helping you and your business through liquidation and bankruptcy

Being impacted by, or involved in, liquidation or bankruptcy can be one of the most difficult time in someone’s life. Trust Attwood Marshall Lawyers to help you navigate your way through these challenges and guide your business towards a successful outcome.

Whether you are facing bankruptcy, or your company liquidation, financial stress takes its toll. Our lawyers are experienced in all areas of disputes whether acting for a bankruptcy trustee, liquidator, creditor, bankrupt or a bankrupt’s family member.

We can assist in a wide variety of disputes that can occur with liquidation or bankruptcy, including:

  1. prosecuting or defending preference claims
  2. prosecuting or defending voidable transactions
  3. prosecuting or defending insolvent trading claims
  4. prosecuting or defending breaches of directors’ duties
  5. prosecuting or defending transfers to defeat creditors

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FAQs

In a domestic relationship, it’s common to own a property jointly as joint tenants. If your partner has become bankrupt, the bankruptcy automatically severs the joint tenancy and your bankrupt partner’s interest in the property becomes vested in his or her trustee in bankruptcy.  If you don’t want to lose your home, there are options available to you. It is imperative to get the right advice as soon as possible so that the best options can be at your disposal.

If you’ve been paid for a debt after a company has gone into liquidation or a person has declared bankruptcy, it is not uncommon for a liquidator and/or trustee to clawback funds that are alleged as preferential or as an uncommercial transaction. There are ways to defend these claims. To discuss your specific matter, call 1800 621 071 and our dispute resolution specialists will be able to help you identify the best course of action.

The short answer is yes. Obviously, there are various factors that must be taken into consideration including the asset position of the director upon whom you intend to enforce the guarantee (who has usually just lost their only source of income) and of course the validity of the guarantee. However, there are always recovery options available to you which should be reviewed immediately to ensure that your interest is protected.