In insolvency and collapse scenarios, disputes often arise as a result of the bankrupt company's transactions, loans and collateral being put to the test against, among other things, the bankruptcy law's avoidance rules.
We represent mortgagees, unsecured creditors, suppliers and others who are faced with claims from bankruptcy or restructuring estates in matters such as:
- Bankruptcy law avoidance of pre-bankruptcy transactions
- Ownership rights over assets
- Validity of liens and other security interests
- Claims arising from surety bonds
- Transactions that are invalid under company law or that cause damages
- Invalid agreements
- Management responsibilities
We assist clients from the initial discussions on litigation risk, strategy and costs of litigation until the case is brought before the courts through district court, high court and to the Supreme Court.
We plan a strategy for the case process together with the client and identify the angles and outcomes that should be known when a case is initiated in court.
We negotiate settlements in cases where it can be beneficial to the client and take pride in providing clear advice on the strengths and weaknesses of the case and the settlement options.