Bankruptcy

MinterEllison offers comprehensive commercial and strategic advice in cases of personal insolvency and bankruptcy.

Our reconstruction team acts for creditors, including the four major Australian banks, in enforcing guarantees and loans against individuals, including the initiation of bankruptcy proceedings, and in considering and voting on Part X agreements proposed by individuals who wish to avoid bankruptcy, and challenging actions by trustees.

We advise high net worth individuals and company directors who are threatened with bankruptcy, facing examination by insolvency practitioners about their personal or family assets, negotiating with creditors in a personal insolvency matter or who need advice on the potential for a trustee in bankruptcy to unwind transactions and claw-back payments.

We also represent successful litigants wishing to enforce court orders by way of bankruptcy proceedings.

Acted for Westpac in relation to collapse of BDO

Acted for Westpac in relation to the collapse of the accounting firm BDO in New South Wales and Victoria, including its subsequent merger with Grant Thornton.

Lehman Brothers ISDA close-out dispute

Acted on behalf of ANZ in the Lehman’s bankruptcy, advising on a close-out dispute under an ISDA contract.