Insolvency & Bankruptcy

Insolvency and bankruptcy issues can be complex and challenging, impacting individuals and businesses alike. At Verge Legal, we offer expert legal services to navigate the intricacies of insolvency and bankruptcy law in Australia. Our experienced team is dedicated to providing clear, strategic advice and representation to help you address financial difficulties and achieve the best possible outcome.

Liquidation and Receivership

When a company is unable to meet its financial obligations, liquidation or receivership may be necessary to manage its debts and assets.

Liquidation involves the process of winding up a company’s affairs, selling its assets, and distributing the proceeds to creditors. This can be initiated voluntarily by the company or compulsorily by court order.

Receivership occurs when a receiver is appointed to take control of a company’s assets to repay secured creditors. This process is often used when a company defaults on secured debts.

Our Liquidation and Receivership Services Include:

Advising on Liquidation Options
We provide guidance on whether voluntary or compulsory liquidation is the most appropriate course of action based on your company’s financial situation.
Managing Receivership Procedures
Our team assists in the appointment and role of a receiver, ensuring compliance with legal requirements and protecting your interests during the receivership process.
Representing in Liquidation Disputes
If disputes arise during liquidation or receivership, Verge Legal offers representation to resolve issues and ensure fair treatment of all parties involved.

Voluntary Winding Up

Voluntary winding up is a process initiated by a company’s directors or shareholders when the company is insolvent or has ceased trading. This procedure allows the company to wind up its affairs in an orderly manner.

Our Voluntary Winding Up Services Include:

Advising on the Voluntary Winding Up Process
We guide you through the steps required to initiate and complete voluntary winding up, including the appointment of a liquidator and the preparation of necessary documentation.
Handling Liquidator Appointments
Verge Legal assists in the selection and appointment of a liquidator, ensuring that the process is conducted transparently and in accordance with legal requirements.
Managing Creditor Claims
We help in addressing and managing creditor claims during the winding up process, aiming to achieve a fair distribution of assets.

Compulsory Winding Up

Compulsory winding up is a court-ordered process that forces a company to cease operations and liquidate its assets. This can be initiated by a creditor, shareholder, or the Australian Securities and Investments Commission (ASIC).

Our Compulsory Winding Up Services Include

Representing in Court Proceedings
Verge Legal provides representation in court proceedings for compulsory winding up, including filing applications and presenting evidence to support the case.
Managing the Winding Up Process
We assist in overseeing the winding up process, from the appointment of a liquidator to the distribution of assets, ensuring compliance with court orders and legal obligations.
Addressing Disputes
If disputes arise during compulsory winding up, our team offers legal support to resolve conflicts and protect your interests.

Statutory Demand

A statutory demand is a formal request for payment issued to a company by a creditor, typically as a precursor to initiating winding up proceedings if the demand is not met.

Our Statutory Demand Services Include:

Issuing Statutory Demands
Verge Legal assists in preparing and issuing statutory demands to recover outstanding debts, ensuring that all legal requirements are met.
Responding to Statutory Demands
If your company receives a statutory demand, we provide advice on how to respond, including negotiating with creditors and exploring options to prevent further legal action.
Representing in Disputes
Our team represents clients in disputes arising from statutory demands, aiming to resolve issues efficiently and protect your company’s financial interests.

Deed of Company Arrangement

A Deed of Company Arrangement (DOCA) is a formal agreement between a company and its creditors to resolve insolvency issues and continue operations under a structured plan.

Our Deed of Company Arrangement Services Include

Drafting and Negotiating DOCAs
Verge Legal assists in drafting and negotiating DOCAs that address the company’s financial difficulties while satisfying creditor claims.
Advising on DOCA Proposals
We provide strategic advice on the benefits and implications of entering into a DOCA, including how it impacts the company’s operations and creditor relationships.
Managing DOCA Implementation
Our team oversees the implementation of the DOCA, ensuring compliance with the agreed terms and monitoring progress toward the company’s recovery.

Bankruptcy (Personal)

Personal bankruptcy is a legal process that provides relief to individuals who are unable to pay their debts. It involves the liquidation of assets and the discharge of certain debts.

Our Personal Bankruptcy Services Include:

Advising on Bankruptcy Options
Verge Legal offers advice on the implications of personal bankruptcy, including alternative solutions such as debt agreements or personal insolvency agreements.
Filing for Bankruptcy
We assist individuals in filing for bankruptcy, including preparing and submitting necessary documentation to the Australian Financial Security Authority (AFSA).
Managing Bankruptcy Proceedings
Our team provides support throughout the bankruptcy process, addressing issues such as asset liquidation, debt discharge, and compliance with legal obligations.
Post-Bankruptcy Advice
After bankruptcy, we offer guidance on rebuilding your financial situation and addressing any remaining legal or financial concerns.

Frequently Asked Questions

How will you help me?

Firstly, we will reach out to you to gain a deeper understanding of your situation. Subsequently, we will assign a lawyer who will engage in a conversation with you, either through a phone call or an in-person meeting, in order to provide an initial assessment of your case. We will then explain your available options and advise you on the next steps you should take to solve your legal problem.

How long will it take to resolve my matter?

We take pride in having the fastest response times in the industry.

For every inquiry, we guarantee an initial response within 24 hours.

After the initial consultation, you will have a better idea of the timeline for the next steps required.

Which lawyer will I be assigned?

After we receive your initial inquiry, we will allocate a specialist lawyer in the relevant practice area to give you an initial assessment of the matter.

Due to the multidisciplinary nature of our firm, we can assign an expert lawyer to your matter no matter the type or the scale of your matter.

Alternatively, you can request to speak to a particular lawyer.

How much do you charge?

At Verge Legal we have a policy of making full disclosure of all estimated legal fees and disbursements right at the start of each matter.

By law, we are required to give you a comprehensive costs agreement and costs disclosure which will outline how are fees are charged. You can take comfort in the knowledge that there will be no hidden fees or surprises.

We offer fixed fees for certain matters such as conveyancing and transactional deals. For others such as litigation, we generally charge an hourly rate.

We work hard to ensure that our rates are competitive. You can discuss with us a mutually suitable fee arrangement.

I have never worked with lawyers before, what should I know about you?

Before you engage any lawyer you should check that they are listed on the Victorian Legal Services Board (VLSBC) Register of Lawyers.

You can rest assured in the knowledge that we are a fully accredited and insured incorporated law practice and all our lawyers hold current practising certificates.

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Get in Touch Today

If you require assistance, please contact us today. We pride ourselves on providing clear communication and no-nonsense legal advice. Our dedicated team will ensure that your case receives the attention it deserves.

Step 1

Contact us and let us know your legal problem.

Step 2

We will select the right lawyer based on practice area and expertise.

Step 3

You will be scheduled to meet with the best lawyer for your circumstances as soon as possible.

Step 4

Speak to our expert lawyer who will explain to you the relevant law and list the options available to you.