Insolvency, restructuring and mortgage recoveries
Lander & Rogers' insolvency specialists have a wealth of experience acting for insolvency practitioners, lenders, directors, distressed corporates, insurers and creditors in a range of complex insolvency scenarios throughout Australia and internationally.
We also cover all aspects of mortgage recovery from the service of notices to the recovery of possession, litigation against mortgagors and guarantors, strategic advice on maximising returns and the sale of securities.
Our team specialises in providing high-quality insolvency advice to insolvency professionals, creditors (including lenders), and debtors on all areas of complex recovery actions and insolvency administrations.
We tailor our advice to each client's legal, practical and commercial circumstances and we actively work with our clients to preserve enterprise value and to manage exposure and credit risk.
Our team has experience working on some of Australia's largest and most complex insolvencies and our expertise covers the whole spectrum of insolvency related matters and disputes, including:
- appointment of insolvency professionals, including scheme administrators, administrators, deed administrators, receivers and receivers and managers, mortgagees in possession, liquidators and trustees in bankruptcy
- insolvent trading claims
- voidable preferences and uncommercial transactions
- claims against directors
- lien and retention of title claims
- disputed proofs of debt
- competing securities
- enforcement of secured creditor rights
- identification and recovery of assets
- corporate fraud investigation
- negotiation and drafting of deeds of company arrangement and schemes of arrangement
- advice on strategy and risk to maximise returns
We have expertise in all stages of the bankruptcy process, from issuing the initial debt recovery proceedings to appearing in court to obtain sequestration orders against the estate of the debtor.
We act for trustees in bankruptcy to unwind transfers to defeat creditors or other preferential or uncommercial payments, as well as acting for creditors who are facing such claims.
Our mortgage recovery team provides a fast and efficient service against mortgagors, guarantors and sale of securities.
Our priority is to ensure that our lender clients have the best chance of recovering their full debt and everything we do is intended ultimately to reduce the risk of loss to our clients:
- we take prompt action on behalf of our clients to recover amounts owing;
- where difficult or unusual situations arise, we devise strategies with our clients to ensure the best commercial outcome;
- we regularly provide training to our clients on recovery processes, as well as risk management and what to say or not say to borrowers after legal action has commenced to avoid prejudicing the action taken; and
- we provide our clients with extranet access so they can, at any time, track the progress of each matter and confirm what arrangements, if any, have been made with borrowers.
Our clients include financiers and non-bank lenders in recovery of residential, commercial, retail and rural properties.
In certain situations, a restructure may provide the best commercial outcome for a company. Our team provides a multi-disciplinary service, including advice on corporate governance, financing, employee relations, management of liabilities, and on the protection and preservation of assets.
We act for corporate entities, insolvency practitioners and lenders in restructuring:
- securities and loan arrangements
- mergers, acquisitions and ASX related matters
- schemes of arrangement
- asset restructures, sales and transfers
- deeds of company arrangement
- corporate restructures