The members of our specialist insolvency and corporate recovery unit have considerable knowledge and experience in all contentious and non-contentious areas of insolvency and corporate recovery law, including:
- Secured and unsecured lending recovery
- Creditors’ rights on insolvency
- Retention of title issues
- Advice to banks in respect of company law enforcement and procedural aspects of corporate insolvency including the enforcement of guarantees and security
- Advice to banks on appointments of receivers
- Court applications arising on corporate insolvency
- Advice and support to receivers appointed by lending institutions in respect of all issues including appointment, recovery of costs and receivers’ powers
- Company law issues arising in corporate restructuring
- Advising official and voluntary liquidators in respect of procedural aspects of liquidations
- Advising liquidators and individuals in respect of restriction and disqualification orders
- Advising in respect of fraudulent preference and fraudulent disposition actions
- Advising in respect of fraudulent trading and reckless trading actions
Most recently we have:
- Advised a receiver appointed by a large lending institution in respect of the conduct of a receivership on behalf of a mortgagee where the company had continued to trade
- Represented the liquidator of a company in a fraudulent preference action against the directors
- Provided strategic advices to a receiver appointed by large lending institution in respect of the recovery of a substantial debt owed to the lending institution
- Represented liquidators in taking restriction proceedings against the directors of a company in liquidation
- Advised a liquidator in a creditors’ voluntary liquidation of a large international manufacturing plant which culminated in a substantial asset sale
- Represented the Official Liquidator in a number of liquidations initiated by the Revenue Commissioners
- Acted for liquidators in a number of members' voluntary liquidations for both limited and unlimited Irish companies .
Holmes O’Malley Sexton... is advising the receiver in a High Court case challenging a legislative repeal. Ulster Bank and Bank of Ireland are also clients.
Legal 500 EMEA 2013 - Insolvency and Corporate Restructuring
THE FIRM This Limerick-based firm advises parties on all sides of restructuring and insolvency situations. Areas of expertise include receiverships, personal bankruptcy, enforcement of security and examinerships. The team is instructed by the likes of BDO, Grant Thornton, Bank of Ireland and Ulster Bank.
KEY INDIVIDUALS Managing partner Harry Fehily is an accomplished commercial litigator. He regularly advises receivers, liquidators, examiners and distressed companies.
Chambers and Partners Europe 2013 - Restructuring and Insolvency
Holmes O’Malley Sexton’s proactive team advised liquidators on a number of voluntary and court liquidations.
Legal 500 EMEA 2012 - Insolvency and corporate restructuring
THE FIRM This compact practice enters the rankings following enthusiastic client feedback. The Limerick-based team handles a wide range of insolvency matters, including advice to banks and receivers on all aspects of corporate insolvency, creditors' rights and company law issues arising in restructuring.
Sources say: “I find its approach to be refreshing, and it has the expertise to deal with any problem that arises.”
KEY INDIVIDUALS Managing partner Harry Fehily has particular expertise advising parties on all sides of examinership. “He's helpful, commercial and efficient, and gives excellent tactical advice. He is always responsive to client needs and builds a great rapport with them,” according to market sources.
Chambers and Partners Europe 2012 - Restructuring and Insolvency