Saal & Associates Lawyers, Corporate Insolvency & Bankruptcy Lawyers & Solicitors - Brisbane, Gold Coast, Gladstone, Qld

Corporate Insolvency & Bankruptcy Law
Brisbane Lawyers

The impact of a company being placed into receivership, administration or liquidation can be devastating for both the company and its creditors. Personal bankruptcies also have a devastating affect on the individual and their creditors.

Saal & Associates Lawyers’ corporate insolvency and personal bankruptcy law practice focuses on providing the most practical, straightforward and cost effective legal advice in every matter – scenario.

Our corporate insolvency and personal bankruptcy clients are varied and fall into the following general categories:

• Companies;
• Individuals;
• Creditors;
• Receivers, administrators and liquidators;
• Trustees.

Saal & Associates Lawyers can advise and assist clients to understand:

Corporate Insolvency

• A company’s rights and obligations to creditors whilst trading;
• A company’s rights and obligations under various types of agreements, for example, loan agreements, supply agreements and trade agreements, leases etc;
• A director’s rights and obligations in relation to - the running of the company - personal guarantees provided with respect to an agreement entered into by the company;
• insolvent trading of a company;
  • an ATO directors penalty notice.
  • A company’s rights and obligations upon the appointment of a receiver;
• A company’s rights and obligations upon the appointment of an administrator or liquidator, either voluntarily or by way of a Court Order for the winding up of the company;
• A company’s rights and obligations when served with a statutory demand.

Saal & Associates Lawyers has experience in the following corporate insolvency law areas:

• Advice on the validity of Statutory Demands served upon a company;
• Preparation and service of Statutory Demands on a company;
• Applications to set aside Statutory Demands, either for a company seeking to set a Statutory Demand aside or a creditor wishing to resist such an Application;
• Advice on agreements the company has entered into;
• Advice on insolvent trading of the company;
• Applications for the winding up of a company, either for a company wishing to resist such an Application, or alternatively, for a creditor wishing to wind up a company;
• A company’s rights and obligations when a receiver, administrator or liquidator is appointed to it;
• The duties and obligations of a receiver, administrator or liquidator in relation to a company;
• Placing a company into voluntary administration;
• Deeds of company arrangement (“DOCA”);
• Recovery of monies due and payable by debtors to a company in liquidation;
• Recovery of money and property transferred by the company by way of a preference, invalid transaction etc;
• Applications to re-register a company that has been deregistered;

Personal Bankruptcy

• A person’s rights and obligations in relation to financial agreements entered into by them, for example, mortgages, car finance, hire purchase agreements, credit cards etc;
• Letters of demand to an individual by a creditor;
• A person’s rights and obligations when served with a bankruptcy notice;
• Preparation of Bankruptcy Notices;
• Advice on the validity of Bankruptcy Notices served on a person;
• A person’s rights and obligations prior to and when a petition for bankruptcy has been filed, either by themselves (a debtors petition) or by a creditor (a creditors petition);
• A person’s rights and obligations during bankruptcy;
• A person’s rights and obligations after bankruptcy;
• Making Applications to Court to petition for a person’s bankruptcy;
• Resisting Bankruptcy Applications in Court for the bankruptcy of an individual;
• Pre bankruptcy advice to an individual;
• Advice on a person’s rights and obligations whilst in bankruptcy;
• Early release of an individual from bankruptcy;
• A person’s rights and obligations after they are released from bankruptcy.

Every client of Saal & Associates Lawyers receives the same quality of service and attention to detail regardless of how large or small the company or individual estate may be.

We believe it is important for companies and individuals who are experiencing financial difficulties, to not only immediately seek legal advice but also advise from their accountant and financial advisor. It is critical that when suffering financial hardship, early action is taken to avoid or limit the consequences that may flow to a company (being wound up) or an individual (becoming bankrupt). If corporate insolvency or personal bankruptcy is unavoidable, it is also critical that that party understands their rights and obligations that will result.