Leaders in Bankruptcy Defence. We have repeatedly ranked in the legal directories for being recognised bankruptcy experts and have a strong expertise in defending bankruptcy petitions and annulling (cancelling) bankruptcy orders.
We specialise in defending claims brought by trustees in bankruptcy, challenge trustees’ costs and save the family home.
We can help you with:
- Negotiation – A lot of our work involves negotiating with HMRC
- Setting aside statutory demands
- Defending bankruptcy petitions
- Individual Voluntary Arrangements (IVAs) mis selling
- Challenging trustees’ costs
- Saving the family home
We can write to your creditors to reach an agreement by either writing off amounts or reducing your debts.
Debt Management Plans
This plan is like the above, although your creditors are paid monthly installments.
Debt Relief Order
This is a low-cost alternative to bankruptcy, and you must meet the following criteria:
- you owe less than £20,000.
- you do not own any assets worth more than £1,000 (including your car).
- you have less than £50 each month to live on (after paying household bills).
- you are not a homeowner.
- you have not had another DRO in the last six years.
- you are not currently subject to bankruptcy proceedings or IVA proceedings.
Bankruptcy lasts typically for one year and wipes out most of your debts. We can advise you on those debts which are not caught by your bankruptcy.
Advantages of bankruptcy:
- Most of your debts will be wiped off.
- You can make a clean start, although this will affect your credit rating.
Funding and Costs
We are able to talk you through the best options for you which include:
- Fixed Costs Consultations
- Fixed Fees
- Staged Engagements (where the scope of engagement is defined)
- No-Win No-Fee Conditional Fee Agreements (CFA)
- Funding Options – Litigation Finance and Funding
- Adverse Costs Insurance – ATE Funding
- Debt Based Agreements (DBA) – contingency style arrangements
Individual Voluntary Arrangements (IVAs)
We can advise you on whether an IVA is best for you.
- 75% of your creditors in value must agree to the IVA proposal.
- An IVA usually lasts for 5 years.
- You will be required to make full disclosure of your finances.
- Your name will appear on an IVA Register which is a disadvantage as this will affect your credit rating.
You may have a claim against your IVA company if they mis-sold an IVA to you without properly explaining your various options.
Disadvantages of bankruptcy:
- You may lose your home if you are a homeowner.
- You may have to pay the trustee’s costs.
- You may have to be examined on your finances by a trustee who can examine you at Court.
- This will seriously affect your credit rating.
- This may affect your employment.
- You cannot act as a company director.
- This will affect you operating a bank account.
- You cannot bring most legal claims if you are bankrupt as you require permission.
- The Official Receiver or Trustee in Bankruptcy may make a claim for your income by applying for an Income Payments Order (IPO).
How to make contact
We can assist wherever you are based, and we also have offices in London.
Please note that by submitting the above form you consent to us holding your data.