Nikesh is a Senior Associate in the Restructuring & Insolvency team.
Experienced in providing advice on personal and corporate insolvency, disputes arising in the context of individual and company voluntary arrangements, bankruptcies, administrations, and liquidations. Nikesh is instructed by insolvency practitioners to resolve disputes with creditors, to pursue unpaid debts, to advise in respect of beneficial interest claims in bankruptcy and to recover improperly transferred assets, including those liable to be set aside as being antecedent transactions often involving misfeasant directors. He also advises in respect of assets held abroad.
In addition, Nikesh advises individuals on their personal position in an insolvency situation, including bankrupts and also company directors worried about personal liability, breach of statutory duties and the consequences of misfeasance while in office.
Nikesh has negotiated voluntary undertakings in place of directors’ disqualification orders and secured permission for directors to reuse insolvent company names via the prohibited names procedure. He also negotiates undertakings in place of bankruptcy restriction orders. Nikesh often mentors creditors through the process of trying to maximise returns from insolvent debtors.
Recent examples of how Nikesh has supported clients include:
- recovering a six-figure sum on behalf of administrators following a complex contract dispute between an insolvent company and its former client arising out of a procurement agreement;
- obtaining a worldwide freezing order for a liquidator to compel a misfeasant director to return monies improperly transferred to personal bank accounts shortly before the company’s collapse; and
- advising a trustee in bankruptcy in relation to a bankrupt’s sale of a dentistry practice including a dispute with his ex-wife in respect of Matrimonial Causes Act and ancillary relief proceedings pre-bankruptcy.