Personal Insolvency
When things don’t go to plan, we can advise on all Personal Insolvency matters.
Our Services
For some individuals facing debt problems, bankruptcy is the only option for them and offers a clean break to restart their lives.
The process is initiated by either a creditor or the individual themselves, presenting a bankruptcy petition. All of your assets, excluding everyday household goods and any tools of trade, are then placed in the hands of your trustee. The trustee will be the Official Receiver or an Insolvency Practitioner.
Insolvency Practitioners at Oury Clark are often instructed to act as Trustees in Bankruptcy by creditors who are looking to recover assets they consider have not been disclosed or may have been sold at an under-value. Our dedicated investigations team work to trace these assets and recover them for the benefit of creditors.
This is often the preferred alternative to bankruptcy for individuals in financial difficulty. An IVA is a formal and legally binding contract an individual enters into with their creditors and details how your debts are going to be dealt with. You will need to instruct an insolvency practitioner to oversee the whole process for you.
We initially work with you to prepare a proposal for your creditors to consider. Subject to your means, you will agree to repay your liabilities either in part or in full, over a period of time (typically 3-5 years).
We will assist you in the drafting of your proposal to ensure it has the best chance of being approved by your creditors and that it is fair and reasonable.
The formal part of the process involves arranging a decision process for your creditors vote on accepting the proposal. You require 75% of your creditors (by value of their debt) to support the proposal.
On the assumption that the proposal is approved, we normally take the role of Supervisor of the Arrangement to ensure that the terms are adhered to and distributions are paid to creditors.
We can provide advice to any individual facing financial difficulties, this can be in relation to negotiating with creditors, working on cash flow forecasts or a dispute resolution.
Lending to the SME market is generally supported by personal guarantees provided by the company directors or shareholders. When a business does fall into an insolvency process the lenders will often look to pursue the directors/shareholders under the terms of the guarantee provided.
If you are concerned about the terms of the guarantee you have entered into or would like advice on negotiating with a lender regarding the repayment of debt under a guarantee, please get in contact with our insolvency professionals who have the relevant knowledge and experience to assist you.
For some individuals facing debt problems, bankruptcy is the only option for them and offers a clean break to restart their lives.
The process is initiated by either a creditor or the individual themselves, presenting a bankruptcy petition. All of your assets, excluding everyday household goods and any tools of trade, are then placed in the hands of your trustee. The trustee will be the Official Receiver or an Insolvency Practitioner.
Insolvency Practitioners at Oury Clark are often instructed to act as Trustees in Bankruptcy by creditors who are looking to recover assets they consider have not been disclosed or may have been sold at an under-value. Our dedicated investigations team work to trace these assets and recover them for the benefit of creditors.
This is often the preferred alternative to bankruptcy for individuals in financial difficulty. An IVA is a formal and legally binding contract an individual enters into with their creditors and details how your debts are going to be dealt with. You will need to instruct an insolvency practitioner to oversee the whole process for you.
We initially work with you to prepare a proposal for your creditors to consider. Subject to your means, you will agree to repay your liabilities either in part or in full, over a period of time (typically 3-5 years).
We will assist you in the drafting of your proposal to ensure it has the best chance of being approved by your creditors and that it is fair and reasonable.
The formal part of the process involves arranging a decision process for your creditors vote on accepting the proposal. You require 75% of your creditors (by value of their debt) to support the proposal.
On the assumption that the proposal is approved, we normally take the role of Supervisor of the Arrangement to ensure that the terms are adhered to and distributions are paid to creditors.
We can provide advice to any individual facing financial difficulties, this can be in relation to negotiating with creditors, working on cash flow forecasts or a dispute resolution.
Lending to the SME market is generally supported by personal guarantees provided by the company directors or shareholders. When a business does fall into an insolvency process the lenders will often look to pursue the directors/shareholders under the terms of the guarantee provided.
If you are concerned about the terms of the guarantee you have entered into or would like advice on negotiating with a lender regarding the repayment of debt under a guarantee, please get in contact with our insolvency professionals who have the relevant knowledge and experience to assist you.
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