Insolvency

Strategic advice and practical solutions across all areas of insolvency.

On issues relating to insolvency, we provide consultation and representation to companies in distress, creditors trying to recover assets or shareholders who want to understand or assert their rights. Trott & Duncan has comprehensive experience in all aspects of insolvency and our strategic awareness means we are able to act quickly to protect or recover assets.

We help our clients understand all their options, whether they are a large, cross-border corporate or an individual business owner. By combining strategic advice with practical solutions, we are adept at assisting in fast-changing circumstances to ensure our clients have the best possible chance of a favourable outcome.

Our thorough understanding of Bermudan insolvency law, with key experience in cross-border cases, means we have the skills and experience to help creditors and shareholders with all matters relating to insolvency.

Our insolvency services

Trott & Duncan can provide expert legal advice and representation in all matters relating to insolvency, including:

Advising liquidators and creditors

We advise liquidators how to manage estates, collect assets, pay debts and, if the need arises, we are able to represent them in court. For creditors, we seek to secure the best financial outcomes despite the distressed state of the company. It’s essential that clients take advice at the earliest possible stage in order to better understand their options.

Liquidation

We assist liquidators wrapping up the company by paying debts and distributing the remaining assets to creditors. Whether it is voluntary or not, we help our clients fully understand their position and the position of their businesses so there are no surprises further down the line.

Litigation and arbitration

With a skilled and experienced litigation and arbitration team, we represent creditors and liquidators on both sides of the insolvency process. We’re a firm with an established track record of successful representation when it comes to insolvency. Clients can count on our expertise, resources and thorough understanding of the law to represent their best interests.

Restructuring and refinancing

We can assist and advise distressed companies seeking to secure financing and continue operation and lenders seeking to protect their positions. We are experienced in providing advice in relation to refinancing existing lending arrangements and associated restructuring for corporate borrowers in distress as well as assisting companies with pro-active strategic restructuring planning as a pre-emptive measure. We can help on a global level with expert help for cross-border restructuring of international companies that are resident in Bermuda.

Enforcing security

Depending on who we are representing, we both resist and seek to enforce security claims over company assets. Through strategic initiative and a comprehensive understanding of insolvency law, we act with the aim of achieving the best possible outcome for whatever aspect of insolvency our clients find themselves in.

Asset tracing and recovery

We have assisted with many cases of asset tracing and recovery. Our team conducts a deep exploration of all aspects of the relevant company’s financials to determine which assets are going and where they have gone to. We understand the time sensitive nature and complexity of this task and always aim to uncover the relevant information quickly and effectively.

Schemes and arrangements

When a company is being wound up or taken over, we can advise and help deliver the best attainable schemes or arrangement under the circumstances. If the matter is disputed or requires representation, clients can count on us as a trusted partner to act on their behalf.

Noteable Cases

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We help clients with

  • Legal representation for both creditors and liquidators
  • Assistance with pro-active strategic restructuring planning
  • Enforcement of security claims over company assets
  • Assistance with asset tracing and recovery
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