Laura is an Associate in the Restructuring & Insolvency team.
She supports insolvency practitioners on the pursuit of misfeasance claims against company directors, the recovery of corporate assets in respect of antecedent transactions, the enforcement of personal guarantees, trust and beneficial interest claims arising out of personal bankruptcies, contested possession proceedings and forced property sales.
Her work includes advising financially distressed companies on restructuring options, company voluntary arrangements, the negotiation of time to pay agreements with HMRC, the fiduciary duties of directors, and risk mitigation strategies to limit the chances of pre-insolvency transactions being susceptible to attack.
In addition, she supports individuals to defend bankruptcy proceedings, resist attempts to claim matrimonial assets for the benefit of creditors and prevent or delay the sale of the family home.
Clients include well-known insolvency firms and accountants, SMEs and owner-managed companies, directors and shareholders, private individuals, corporate lenders, secured creditors and debenture holders.
Recent examples of how Laura has supported clients include:
- successfully resisting a winding up petition issued against a global engineering company, and securing a substantial costs order in their favour as the debt was disputed and so the instigation of winding up proceedings was an abuse of process;
- negotiating settlement with an insolvent company on behalf of an animal feeds business by brokering a deal with the administrator on the strength of a contractual retention of title clause, the enforceability of which was disputed;
- resisting an application to set aside a statutory demand served against a tenant for outstanding rent arrears (liability for which was denied), thereby enabling the landlord to petition for the tenant’s bankruptcy and increase their prospect of recovery;
- negotiating a time to pay agreement with HMRC to enable a hospitality business to settle an outstanding VAT account via monthly instalments; and
- recovering a five-figure sum for an insolvency practitioner by persuading a company director to make a voluntary payment to cover losses made on a pre-insolvency transaction, which might have justified the issue of proceedings for misfeasance.