Insolvency

At Fenecas Law LLP, we specialise in contentious corporate insolvency and restructuring disputes. Insolvency situations are often fast moving, high stakes, and fraught with conflict between creditors, directors, shareholders, and insolvency practitioners. The legal landscape is complex, governed by the Companies Act 2014, insolvency rules, and extensive case law. When disputes arise, the right legal strategy can protect commercial interests, preserve value, and reduce exposure.

We act for creditors, directors, insolvency practitioners, investors, and corporate entities across Ireland in all forms of contentious insolvency matters. Our team combines strong litigation expertise with commercial acumen, ensuring clients achieve effective outcomes in even the most challenging financial situations.

Types of Contentious Insolvency Disputes

We handle a wide spectrum of contentious issues in corporate insolvency, including:

Creditor disputes – Challenges to debt validity, priority claims, and enforcement of security interests.
Liquidation disputes – Applications to wind up companies, oppose winding up petitions, or contest appointment of liquidators.
Examinership disputes – Legal challenges around examiner appointments, scheme approval, and creditor objections.
Receivership issues – Disputes over validity or conduct of receivers appointed under security.
Director liability claims – Including reckless trading, fraudulent trading, or personal liability under the Companies Act.
Preference and undervalue transactions – Challenges to transactions preceding insolvency.
Retention of title claims – Asserting or challenging proprietary rights during insolvency.
Shareholder disputes in insolvency – Applications regarding surplus distribution or shareholder resistance to restructuring proposals.
Disqualification proceedings – Defending directors against restriction or disqualification applications.
Employment claims – Addressing employee entitlements arising out of insolvency events.

Each dispute involves balancing strict statutory obligations with the practical realities of distressed businesses.

Acting for Creditors

For creditors, the insolvency of a debtor company raises urgent questions about recovery, enforcement, and protecting security. We represent secured and unsecured creditors in:

Opposing examinership petitions where proposals are unfair or prejudicial to creditor interests.
Defending creditor rights in liquidation distributions.
Enforcing mortgages, charges, and guarantees.
Contesting avoidance actions brought by liquidators.
Negotiating restructuring or standstill agreements while litigation options remain open.

Our strategies aim to maximise recovery for creditors while mitigating costs and delays.

Acting for Directors

Directors of insolvent or near insolvent companies can face significant personal exposure. We provide contentious advice and representation on:

Defending claims of reckless or fraudulent trading.
Responding to liquidator or examiner actions for breach of directors’ duties.
Resisting restriction or disqualification applications under the Companies Act.
Advising directors on duties and liabilities during the “twilight zone” where insolvency is imminent.
Representation in High Court proceedings involving director conduct and misfeasance.

Our goal is to protect directors against personal liability and ensure compliance with statutory duties.

Acting for Insolvency Practitioners

Liquidators, examiners, and receivers often become embroiled in litigation during the course of their work. We act for insolvency practitioners in:

Bringing recovery actions for preferences, undervalue transactions, and unlawful distributions.
Defending challenges to their appointment or conduct.
Pursuing misfeasance or wrongful trading claims against directors.
Assisting with creditor disputes over claims, proofs of debt, and ranking of security.

By providing litigation support, we enable insolvency practitioners to discharge their statutory responsibilities effectively and with confidence.

Litigation and Court Expertise

Corporate insolvency matters frequently play out in the courts. We regularly act in:

High Court insolvency proceedings – Petitions for winding up, applications in examinerships, and disputed receivership matters.
Commercial Court disputes – Fast track litigation for high value insolvency disputes.
Injunctive relief – Applications to restrain enforcement action, protect assets, or preserve creditor rights.
Appeals and interlocutory hearings – Ensuring contentious issues are addressed at every stage.

Our litigation team is trial ready and experienced in the evidential and procedural aspects of these disputes.

Transactional Challenges: Preferences and Undervalue Claims

A frequent source of dispute in insolvency law involves preference and undervalue transactions entered into before insolvency. We act for:

Liquidators seeking to unwind such transactions for the benefit of creditors.
Creditors or counterparties defending claims where they are accused of gaining improper preference.
Directors facing personal exposure where transactions are scrutinised.

These are often technical, high value cases requiring careful financial analysis and expert evidence.

Strategic Considerations

Contentious insolvency matters are not just about strict legal rights; they require a strategic understanding of commercial pressures. Our approach emphasises:

Speed – Acting quickly to preserve value and protect client leverage.
Realism – Providing clear assessments of likely outcomes to support informed decisions.
Commercial settlement – Exploring negotiated resolutions where litigation would erode available value.
Trial readiness – Preparing robust cases to maximise settlement advantage and court success.

We understand the sensitivities around insolvency—where stakeholders include employees, regulators, and the wider community—and we tailor strategies accordingly.

Why Choose Fenecas Law LLP?

Specialist insolvency litigation – Considerable experience in High Court corporate insolvency cases.
Cross stakeholder representation – Acting for creditors, directors, and insolvency practitioners, giving insight into all perspectives.
Commercial insight – Recognising the business realities that shape insolvency disputes.
Urgent response – Experienced in applications requiring immediate injunctive relief.
Forward looking approach – Positioning clients for recovery, compliance, and reputation management in addition to short term gains.

Contact Us

If you are involved in a contentious corporate insolvency matter—whether as a creditor, director, shareholder, or insolvency practitioner—you need clear and decisive legal advice. Contact Fenecas Law LLP for robust representation and commercially focused solutions in insolvency disputes across Ireland.