Why choose our Insolvency and Restructuring lawyers?We act for a multitude of high profile financial and insolvency practitioners, as well as other stakeholders in relation to examinerships, receiverships, liquidations, corporate insolvency, personal insolvency and bankruptcy, tackling complex matters in a cost efficient and effective manner.
The Insolvency and Restructuring Department has advised court appointed liquidators in nearly one hundred Official Liquidations and advised the various stakeholders (directors, shareholders, creditors and banks) in many more. We have also advised many liquidators in relation to their powers and duties in creditors' and members' voluntary liquidations, as well as representing the usual stakeholders in respect of their entitlements. Our Insolvency and Restructuring lawyers are members of and sit on various committees of both the Irish Society of Insolvency Practitioners (ISIP) and INSOL Europe, the professional associations for Irish and European restructuring and insolvency specialists respectively.
Fieldfisher Ireland is one of three firms on the panel of lawyers for the Insolvency Service of Ireland which manages all of the countries bankruptcies through the Official Assignee (OA). The team currently manage nearly one hundred cases of varying complexity for the OA.
In addition, the Insolvency and Restructuring department is highly regarded for its work acting on behalf of a number of Ireland’s principal lending institutions in relation to the appointment of receivers, debt and asset recovery. We advise on the perfection and enforcement of security and where necessary, prepare strategies to protect our institutional clients’ interests.
The insolvency team currently acts for a pillar bank, appointed receiver in a contentious receivership of a group of department stores and its controlling company that is also in liquidation. The debtor shareholder challenged the validity of the receivership and objected to the sale of certain charged assets to third parties and issued further proceedings. The debtor registered a lis pendens against the charged asset which prevented the completion of the sale to the third party. Fieldfisher's team applied to the High Court seeking declaratory orders vacating the lis pendens. The various court applications were heavily contested throughout and the substantive proceedings are still ongoing. Arising from this litigation, Fieldfisher has published articles in various journals on the abuse of the lis pendens process and has made formal submissions to the Law Reform Commission regarding their review.
Areas of Practice:
- Banking and enforcement litigation
- Insolvency litigation
- Dispute resolution
- Corporate disputes
- Corporate restructuring
- Asset and debt recovery
The insolvency department advised a pillar bank appointed receiver in relation to security which included a complicated Put and Call Agreement and provided for the sale of charged property to the occupant, one of Ireland’s largest County Councils. The implementation of the Put and Call Agreement was of such complexity that it required support from our corporate team headed up by Feilim O’Caoimh. Thereafter, the transaction itself being the sale of a very significant property, was handled by our property team which is headed up by Breen Purcell. All three departments worked seamlessly to obtain a very successful outcome for the client bank and receiver.