Practice Areas Restructuring & Insolvency
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Restructuring & Insolvency

Our Restructuring & Insolvency practice provides a comprehensive service on all aspects of corporate insolvency, personal insolvency and corporate restructuring.

Our team advises leading insolvency practitioners, financial institutions, alternative lenders, investors, unsecured creditors, debtors, directors and shareholders on both contentious and non-contentious insolvency and restructuring issues.

Our Services  

Examples of the services we provide include: 

  • Advising directors and other stakeholders of financially distressed companies on formal and informal restructuring solutions and insolvency risk
  • Advising insolvency office-holders and other stakeholders on all aspects of receiverships, liquidations, examinerships and the SCARP 
  • Advising investors and acquisition parties investing in distressed companies and businesses
  • Providing advice in relation to solvent group re-organisations by way of members’ voluntary winding up or otherwise 
  • Assisting overseas insolvency office-holders and trustees to obtain relief from the Irish courts

Our Experience  

Examinership  

Our recent experience includes:

  • Advising a state party on the examinersip of Premier Periclase Limited and the interplay between environmental law obligations and the examinership framework
  • Advising a cosmetics business in the successful petition for High court protection in examinership
  • Advising a construction contract employer in relation to the examinership of Sonica
  • Advising a contract counterparty to a subsidiary of Mallinckrodt Plc in relation to the impact of that restructuring via Chapter 11 and examinership
  • Advising Monsoon Accessorize on the successful restructuring of its Irish business
  • Advising the First Lien Lender to Eircom in relation to Eircom’s financial restructuring via examinership

Trading Receiverships  

Our experience includes:

  • Advising the Receivers and Managers of Guardian Healthcare Limited (In Receivership) on all aspects of the receivership of this nursing home operator.
  • Advising the Receiver of The Morrison Hotel in relation to its management and ultimately the high profile sale of the Hotel to a renowned international high net worth individual.
  • Advising NAMA and the statutory receivers appointed by it over a number of its largest debtor connections, including Bowen Group, one of Ireland’s largest construction and property development businesses and Capel Group, a large Dublin based property development business which includes The Portmarnock Hotel and Golf Links. 

Liquidations  

Our recent experience includes: 

  • Advising a state health agency on insolvency and liquidation risk associated with large service providers
  • Advising the Liquidator of Kendar Holdings Limited (In Official Liquidation) a Michael Lynn property development company involving multi-jurisdiction cross border insolvency proceedings.
  • Advising the Liquidator of Blackshore Holdings Limited (In Official Liquidation) the ultimate parent of the Black Shore Group which owned or operated a number of Hotel and properties around Ireland.
  • Advising the Liquidator of MPS Global Limited (In Official Liquidation) in relation to a number of fraudulent disposition claims, including the procurement of a freezing order over assets in Bulgaria.
  • Advising the purchaser of the Brooks Timber business from the Liquidator of the BHT Group.
  • Advising the Liquidator of O’Brien Textiles Limited t/a OB Sports (In Liquidation) a well-known manufacturer and supplier of sports team wear. 

Insolvency Related Litigation

  • Advising Tom Kavanagh as receiver and Bank of Scotland (BOS) Plc in relation to a test case challenge to the entitlement of BOS Plc to appoint a receiver over assets formerly secured to BOSI following the merger of the business of Bank of Scotland Ireland (BOSI) with BOS Plc
  • Advising ACCLM in relation to an application for possession which set a precedent on the interpretation of the Code of Conduct on Mortgage Arrears
  • Advising a partnership on a demand for repayment of c.GBP£5million issued by a secured creditor and successfully obtaining interim injunctions restraining the enforcement of security
  • Advising on the application for NAMA to appoint receiver by way of equitable execution over a deposit account with IBRC (In Special Liquidation) coupled with a compensation claim under the Central Bank's Deposit Guarantee Scheme and the National Treasury Management Agency's Eligible Liabilities Guarantee Scheme.
  • Advising service providers on the acquisition of loan portfolios in relation to enforcement action and settlement agreements

Personal Insolvency

  • Acting for secured creditors in relation to bankruptcy petitions.
  • Advising international clients in relation to jurisdictional issues arising out of differences between bankruptcy regimes here and in the UK.


 

THE TEAM      
RELATED TESTIMONIALS
Sound experience. Capable and friendly team.... Legal 500 2022 – Insolvency and Corporate Restructuring view all related testimonials
Proactive, pragmatic and practical.... Legal 500 2022 – Insolvency and Corporate Restructuring view all related testimonials
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ByrneWallace are very responsive, commercial, and able to come up with solutions.... Chambers Europe 2022 - Restructuring & Insolvency view all related testimonials
Prompt and efficient service. Always available whenever required.... Legal 500 2021 - Insolvency & Corporate Restructuring view all related testimonials
Very pragmatic and commercial advice.... Legal 500 2021 - Insolvency & Corporate Restructuring view all related testimonials
"ByrneWallace were swift to respond to our requests, the lawyers also provided practical advice."... Chambers Europe 2021 - Restructuring/Insolvency view all related testimonials
ByrneWallace solicitors are very available.... Legal 500 2020 - Insolvency and Corporate Restructuring view all related testimonials
Well-regarded practice noted for its capabilities in restructuring and insolvency matters. ... Chambers Europe 2020 - Restructuring and Insolvency view all related testimonials
They are approachable and always willing to take that extra step for you.... Legal 500 2020 - Insolvency and Corporate Restructuring view all related testimonials
The ByrneWallace team can not only handle the process of examinership receivership etc, but engage meaningfully e... Legal 500 2020 - Insolvency and Corporate Restructuring view all related testimonials
I deal a lot with the Insolvency property team (both in terms of conveyance & litigation) and find them to be ver... Legal 500 2020 - Insolvency and Corporate Restructuring view all related testimonials
Taking ‘a very proactive approach’, ByrneWallace is praised for its ‘commerciality and responsiveness’... Legal 500 2019 - Insolvency and Corporate Restructuring view all related testimonials
A client recommends the practice for its "swift and accurate advice."... Chambers Europe 2019 - Restructuring & Insolvency view all related testimonials
Another source states: "We find that from the partners down to the more junior members, they are always available... Chambers Europe 2019 - Restructuring & Insolvency view all related testimonials
ByrneWallace’s ‘prompt and commercial responses’ make it a popular choice for a broad spectrum of creditors... Legal 500 2018 - Insolvency and Corporate Restructuring view all related testimonials
ByrneWallace is also well versed in insolvency practitioner work.'... Legal 500 - Insolvency and Corporate Restructuring view all related testimonials
John Fitzgerald is very 'practical, commercial, result-oriented and has a good sense of what a win looks like.'... Chambers Europe 2018 - Restructuring/Insolvency view all related testimonials
At ByrneWallace, ‘thoughtful adviser’ John Fitzgerald has been particularly busy with contentious mandates an... Legal 500 2017 - Insolvency and corporate restructuring view all related testimonials
ByrneWallace successfully defended Bank of Scotland’s right to enforce security in a precedent-setting test cas... Legal 500 2016 - Insolvency & Corporate Restructuring view all related testimonials
I always felt the firm was in my corner fighting for the best outcome. The team provides a friendly service, and ... Chambers Europe 2016 - Restructuring/Insolvency view all related testimonials
John Fitzgerald of ByrneWallace draws praise from clients for his "responsiveness, accuracy and calm advice." L... Chambers & Partners (Global) 2015 - Insolvency view all related testimonials
...John Fitzgerald is ‘accurate and knowledgeable’. The firm has impressive experience in bank enforcement ma... Legal 500 2014 - Insolvency and Corporate Restructing view all related testimonials
...John Fitzgerald [is] recommended for [his] energy, responsiveness and good-quality service. The firm advised a... Legal 500 2013 - Insolvency & Corporate Restructuring view all related testimonials