At Ethan & Oakley Law Firm, our Insolvency and Restructuring Practice stands as one of the firm’s cornerstone departments, reflecting our long-standing commitment to protecting corporate viability, creditor interests, and business continuity in the face of financial distress. With a distinguished team of lawyers, insolvency practitioners, and financial advisors, the firm offers comprehensive, multidisciplinary legal services that address the full spectrum of insolvency, bankruptcy, and restructuring matters — both contentious and non-contentious — across multiple industries and jurisdictions.
Our Philosophy and Approach
Ethan & Oakley operates on the principle that insolvency is not the end of a business, but rather an opportunity for reorganization, renewal, and strategic redirection. Our approach is grounded in a deep understanding of commercial realities, market dynamics, and the evolving legislative framework governing corporate distress. We focus not only on legal recovery but also on safeguarding the long-term commercial objectives of our clients.
We combine technical excellence with pragmatic, solution-oriented strategies, guiding clients through complex insolvency proceedings, corporate restructurings, and cross-border recoveries. The firm’s lawyers work closely with financial institutions, regulatory bodies, insolvency practitioners, and restructuring professionals to deliver results that preserve value, maximize recoveries, and mitigate exposure to risk.
Scope of Our Insolvency & Restructuring Services
Our practice encompasses a broad and integrated range of advisory, transactional, and litigation services, including but not limited to:
1. Corporate Insolvency and Bankruptcy Proceedings
• Advising companies, directors, shareholders, and creditors on corporate insolvency procedures including administration, liquidation, receivership, and company voluntary arrangements (CVAs).
• Representation in bankruptcy petitions, winding-up proceedings, and judicial management applications.
• Advising on statutory duties, liabilities, and compliance obligations of directors in the vicinity of insolvency.
• Preparing, filing, and defending insolvency-related court applications, petitions, and enforcement actions.
2. Restructuring and Business Recovery
• Designing and implementing corporate restructuring strategies to restore solvency and operational stability.
• Negotiating with creditors, financial institutions, and investors to restructure debt obligations and capital structures.
• Advising on debt-to-equity conversions, refinancing transactions, and mergers or acquisitions of distressed assets.
• Guiding clients through pre-insolvency negotiations and informal workouts to avert formal insolvency proceedings.
3. Cross-Border Insolvency
• Advising on multi-jurisdictional insolvency issues under international legal frameworks such as the UNCITRAL Model Law on Cross-Border Insolvency.
• Acting for foreign representatives and creditors in recognition and enforcement of foreign insolvency judgments.
• Coordinating cross-border asset tracing, recovery, and enforcement actions.
• Providing strategic counsel on the extraterritorial impact of insolvency proceedings on multinational business entities.
4. Creditors’ Rights and Enforcement
• Acting for secured and unsecured creditors in the enforcement of security interests and recovery of debts.
• Advising financial institutions on realization of collateral, enforcement of guarantees, and protection of creditor rights.
• Representation in priority disputes, inter-creditor negotiations, and asset recovery litigation.
• Drafting and reviewing security documentation, debt instruments, and restructuring agreements.
5. Distressed M&A and Transactional Support
• Advising buyers, sellers, and investors on acquisitions and disposals of distressed assets and businesses.
• Conducting due diligence on insolvent or financially distressed targets.
• Structuring and negotiating purchase and sale agreements within the context of insolvency proceedings.
• Providing regulatory and compliance guidance in the transfer of assets subject to insolvency restrictions.
6. Litigation and Dispute Resolution
• Representing clients in insolvency-related litigation including fraudulent trading, preference claims, wrongful trading, and director misconduct actions.
• Acting in insolvency-related arbitration and mediation proceedings.
• Advising insolvency practitioners, trustees, and liquidators on contentious insolvency matters.
• Handling disputes involving creditors, shareholders, and other stakeholders in the restructuring process.
Clients We Serve
Ethan & Oakley’s Insolvency & Restructuring team acts for a diverse range of domestic and international clients, including:
• Financial institutions and commercial lenders
• Corporate debtors and distressed companies
• Insolvency practitioners, administrators, and liquidators
• Creditors’ committees and bondholders
• Private equity funds and asset managers
• Directors, officers, and shareholders
• Government agencies and regulators
Our team’s proven experience allows us to deliver tailored solutions that are commercially sound, legally robust, and strategically beneficial.
Our Expertise and Industry Coverage
Ethan & Oakley has advised clients across a wide range of industries, including banking and finance, real estate, construction, energy, manufacturing, retail, transportation, telecommunications, and hospitality. We recognize that each sector presents unique legal and financial challenges in times of distress, and we draw upon our multidisciplinary expertise to provide sector-specific insight and representation.
Why Clients Choose Ethan & Oakley
• Depth of Legal Expertise: Our lawyers possess extensive experience in both domestic and international insolvency regimes.
• Strategic Insight: We combine legal acumen with commercial foresight to deliver effective recovery and restructuring strategies.
• Collaborative Network: We work seamlessly with accountants, financial advisors, and restructuring consultants to ensure holistic solutions.
• Discretion and Integrity: We manage sensitive insolvency matters with the utmost confidentiality and professionalism.
• Proven Track Record: Our team has successfully represented high-profile clients in complex insolvency and restructuring transactions and proceedings.
Commitment to Excellence
At Ethan & Oakley, our Insolvency and Restructuring Practice is driven by a steadfast commitment to legal excellence, strategic thinking, and client service. We understand the complexities of financial distress and are dedicated to guiding our clients through every stage of the insolvency or restructuring process with clarity, confidence, and competence.
Whether it is preserving business continuity, protecting creditor rights, or facilitating recovery, Ethan & Oakley stands as a trusted partner in navigating the intricate landscape of insolvency law.