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.