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Insolvency

Iqbal Mohammed Direct Access barrister

Iqbal's insolvency practice includes the following work.

 

CORPORATE INSOLVENCY
 

Petitioning for or resisting winding up petitions, administrations or provisional liquidations; applications under s. 238 Insolvency Act 1986 (transactions at an under value), s. 239 (preferences) or for a vesting order; proceedings against transactions defrauding creditors; claims involving fraudulent or wrongful trading; costs orders relating to insolvency proceedings; claims against Liquidators or office holders; issues of limitation and claims under restitution.

 

PERSONAL INSOLVENCY

 

Setting aside statutory demands; applying for or resisting bankruptcy; annulling a bankruptcy order; claims against third parties by the trustee (for example, preference payments, transactions at an undervalue, gifts); questioning of debtors; proceedings to secure foreign assets or beneficial interest in land.

 

DIRECTORS

 

Iqbal is instructed by directors fighting claims by trustees or the Insolvency Service, whether under the Companies Directors Disqualification Act 1986, misfeasance claims or other insolvency-related claims.

 

RECENT CASES

  • Successfully obtained the bankruptcy of a debtor who owed over £250,000, acting on the case for two years following the debtors previous successful challenges to 6 statutory demands 

  • Acted in a £500,000 dispute between a company and former director, alleging breach of fiduciary duty and a claim to the profits made by his new company; secured a settlement at mediation well below the client’s bottom line.

  • Advised on a claim against a Liquidator who negligently advised four directors and allegedly registered a sham debenture to dilute the creditors’ voting rights.

  • Successfully petitioned the court to invalidate an administration on the grounds of an invalid appointment of a voting director.

  • Acting on a £125,000 misfeasance claim listed for trial over 2 days 

  • Defended a former director being pursued by the Insolvency Service for £150,000, alleged to be payments made to him from the company, 3-day trial 

  • Obtained a without notice injunction to restrain the advertisement of a £130,000 petition based on a disputed debt 

  • Defending a creditor facing a preference claim brought by a trustee where a £100,000 property was transferred a few months before the bankruptcy

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