Personal Insolvency & Restructuring

If you are worried about your financial position as a result of a failed business, bad investment or personal guarantee, we can help.

Get in control of your personal finances and protect your family’s assets with guidance and support from our experienced Insolvency Lawyers.

Bankruptcy and personal insolvency often cause people huge amount of stress, but it doesn’t have to be that way.

We understand that when questions about personal insolvency or debt enforcement arise, time is usually of the essence.

If you are being chased by creditors that you simply cannot afford to pay, negotiations with creditors breakdown, or if you have been served with a Bankruptcy Notice or Creditor’s Petition for Bankruptcy, it is important to seek advice without delay.

If you need an answer fast, contact us today.

How We Help

Our Personal Insolvency Lawyers have extensive experience advising and assisting individuals and their families in relation to personal insolvency issues and asset protection strategies.

We help you and your family overcome the stress of your financial pressure and understand and manage the implications of personal insolvency.

We will assess your circumstances and help you to develop a strategy for dealing with Creditors and avoiding Bankruptcy, where possible. Where demands are being made, or Court proceedings have been commenced against you, we can liaise with your Creditors and endeavour to negotiate favourable outcomes for all concerned.

Where your personal financial circumstances are dire or your Creditors are uncompromising, we can advise you in relation to your options under the Bankruptcy Act including available alternatives to Bankruptcy such as Debt Agreements and Personal Insolvency Agreements.

Investigating the Real Reason for Insolvency

This is an important question, the answer to which must always be carefully considered.

Often the real reason for insolvency is because a person received poor or negligent advice about a business transaction or investment or, was misled into signing an agreement or guarantee.

If this is the case, we can assess whether you have an available defence to a creditor’s claim, or a claim against a third party that may lead to compensation to enable you to avoid Bankruptcy.

Strategic Advice

Often when a business or investment fails, several creditors of the business will each seek to enforce personal guarantees and charges given by the directors of the business as guarantors. The sudden receipt of demands from a number of different creditors can be overwhelming.

We can assist you to develop a strategy for dealing with creditors and avoiding bankruptcy, where possible. We do this by fully assessing your circumstances, including the enforceability of personal guarantees and securities and the basis of any legal proceedings commenced (or threatened), and negotiating with creditors on your behalf.

Bankruptcy & Personal Insolvency

Bankruptcy and personal insolvency often cause people huge amount of stress, but it doesn’t have to be this way. If you are being chased by creditors that you simply cannot afford to pay, negotiations with creditors breakdown, or if you have been served with a Bankruptcy Notice or Creditors Petition it’s important to seek advice without delay.

Where your personal financial circumstances are dire or your creditors are uncompromising, we can advise you in relation to your options under the Bankruptcy Act including available alternatives to Bankruptcy such as a Temporary Debt Protection, Debt Agreements and Personal Insolvency Agreements.

Bankruptcy Notices & Creditor’s Petitions for Bankruptcy

Most Creditor’s Petitions for Bankruptcy are made in reliance upon a person’s failure to comply with a Bankruptcy Notice within 21 days.

If you have received a Bankruptcy Notice and wish to avoid Bankruptcy do not delay – call now and speak to one of our experienced Insolvency Lawyers.

Safe Harbour Guide

What Company Directors who suspect insolvency should do to avoid personal liability for Insolvent Trading.

Finally I have found a law firm who me and my family will be using for many years to come.

“Sam and the team at Roberts Crosbie Mortensen assisted me with a very complex business case. They are leagues ahead of any other law firm I have used in the past. Their attention to detail and professional prompt response to every item raised was a real stand out. The team keep you fully informed at all times in simple to understand language highlighting pros and cons of every decision that needs to be made.”

Paul C

After working with others it is refreshing to have you on our side.

“I would like to thank you and your team for assisting myself and Andrew with the restructure. You amazed us with your energy and knowledge, you are a champion.

Thanks also from all our staff for assisting in securing their future.”

 

Paul Barwick
MCA Engineering

No nonsense commercial approach to getting the right result.

Bradd Morelli
Jirsch Sutherland & Co

You managed it without the matter going to Court.

“Justice prevailed and the outcome was enormous for me. You managed it without the matter going to Court, which saved a lot of time and unnecessary stress for me. Your commercial knowledge and the professionalism shown was fantastic and the way you dealt with the other side achieved the result I was looking for.”

I found the service and constant updates to be very personal.

“Sam and his team understood that during our tough time we needed full finger on the pulse service and they delivered every time. Since then we have used them on more than on occasion and can only commend them on their fast and friendly service.”

Andrew (Sid) Sinclair
Sid's Automotive & Offroad
More Accredited Specialists in Commercial Litigation than 99% of all law firms in NSW.

Our Personal Insolvency Lawyers