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Bankruptcy, Restructuring, and Insolvency

Overview

Crowell & Moring's London Bankruptcy, Restructuring and Insolvency (BRI) team acts in a wide variety of insolvency and restructuring matters and has developed a leading practice in failed international investment schemes, including loan note schemes, bond schemes, fractional ownership schemes, and unregulated collective investment schemes (UCIS). We act for bankruptcy trustees, administrators, liquidators, investors, and stakeholders in securing recoveries from collapsed investment vehicles, including obtaining worldwide freezing orders (WFO), asset tracing, recovery actions, and cross-border insolvency litigation.

Our work in this area has attracted national media coverage, including in The Times, and has inspired leading insolvency practitioners — including Kroll Advisory — to appoint us in high-profile matters such as the Woodville Litigation Funding administration (£330 million loan book), the 79th Group (£250 million international investment scheme and suspected fraud), and the Carlauren Group (£80 million fractional ownership collective investment scheme operated fraudulently as a Ponzi scheme). 

Our clients include financial institutions, insolvency practitioners, asset-based lenders, private equity and high-net-worth investors, directors, and corporate clients facing distress. Our experience spans: 

  • Failed investment scheme recovery: Acting for administrators, trustees in bankruptcy, and investors in recovering assets from collapsed loan note, bond, UCIS, and fractional ownership schemes, including obtaining worldwide freezing orders against scheme operators and associated parties. 
  • Cross-border fraud and asset recovery: Tracing and recovering assets held offshore or transferred prior to insolvency, including through Section 236 examinations, Norwich Pharmacal orders, and third-party disclosure orders. 
  • Investment scheme administration and liquidation: Acting as or advising joint administrators and liquidators in high-profile investment scheme collapses, including contested administration order applications in the High Court. 
  • Investor claims and creditor recoveries: Advising investors and creditor groups on their rights and remedies following the collapse of investment schemes, including misfeasance and antecedent transaction claims against directors. 
  • Bank and financial institution liability: Advising on claims against banks and financial institutions alleged to have facilitated or failed to prevent investment fraud, including in relation to loan note and Ponzi scheme matters. 
  • Restructuring and turnaround: Advising boards, lenders, and stakeholders on all formal and informal restructuring tools, including administration, company voluntary arrangements, schemes of arrangement, restructuring plans, and pre-pack sales. 
  • Asset-based lending: Advising banks and asset-based lenders in distressed scenarios, including enforcement and recovery actions. 

For businesses facing financial distress, early advice gives the best chance of saving the business as a going concern and delivering optimal outcomes for all stakeholders. For investors and creditors who have suffered losses in a failed investment scheme, swift action — including steps to freeze assets before they can be dissipated — is essential. Our team has the experience and track record to move quickly in both contexts. 

In addition to client work, our lawyers are active participants in key industry bodies. Our partners have served on the Council of R3 (the Association of Business Recovery Professionals), as co-chair of R3’s Education, Conferences and Courses Committee, and on its Policy Group; and also on the Legal and Technical Committee of UK Finance. Our team has been consistently recommended by The Legal 500 UK in asset-based lending and restructuring and insolvency. 

Representative Matters

  • Acting for a group of investors in successfully securing a contested administration order from the High Court in relation to Woodville Consultants Limited (trading as Woodville Litigation Funding), a motor finance litigation funder with an estimated £330 million loan book. Subsequently retained by Kroll Advisory as solicitors to the joint administrators in the wider administration process. 
  • Acting for Kroll Advisory as joint administrators of the 79th Group, a £250 million international property bond and unregulated collective investment scheme (UCIS) and suspected Ponzi scheme, including obtaining worldwide freezing orders, asset disclosure orders, and passport surrender orders against the directors and connected parties. 
  • Acting for the joint administrators of the Carlauren Group in relation to an £80 million fractional ownership hotel and care home UCIS operated fraudulently as a Ponzi scheme. 
  • Acting for the administrators of six companies in the Shepherd Cox Hotel Group, a £20 million fractional hotel room ownership UCIS. 
  • Acting in connection with the Merydion Group, a £50 million fractional hotel room ownership UCIS, subsequently wound up by the Insolvency Service following allegations of money laundering and tax evasion.  
  • Acting for investors in Qualia Care Properties Ltd and Qualia Care Developments Ltd, a £57 million care home fractional ownership UCIS in respect of which the FCA obtained civil judgment against the director in the High Court and the companies entered administration. Acting for the joint liquidators (Quantuma Advisory and MHA Group) of Westway Holdings, a £26 million property bond UCIS fraud operated by a convicted fraudster. 
  • Acting for bankruptcy trustees in the tracing and recovery of assets following a £16 million fraud, including cross-border asset tracing and recovery proceedings against individuals who had dissipated assets prior to bankruptcy. 
  • Representing creditors on a creditors' committee in the administration of a failed FSA-regulated derivatives broker. 
  • Secondments to the restructuring and litigation finance teams of large financial institutions. 
  • Acting for a foreign liquidator in a reported case of cross-border insolvency regulations in relation to a large shipping arbitration dispute. 
  • Advising financial institutions on the complex restructuring of a leading manufacturer of beds in Europe, Russia, and Asia. 
  • Advising a bank on the £110 million restructuring of a coal mine. 
  • Advising a financier on the $1.5 billion restructuring of one of the world's largest independent steel traders. 
  • Advising the board of a premier UK football club on potential insolvency issues. 
  • Representing companies in relation to the restructuring of a £15 million turnover business specialising in flexible office space solutions. 
  • Advising a U.S. private equity investment firm on the acquisition of a European airline. 
  • Representing a company in the trading administration of a theme park and a £35 million investment. 
  • Representing the administration of an online fashion retailer. 
  • Acting for the administrators of a global provider of interactive entertainment products in the gaming industry. 
  • Acting as administrator in the administration of the UK's largest online retailer of products for home and garden. 
  • Advising on a cross-border real estate restructuring matter for £150 million. 
  • Representing a syndicated lender in the restructuring of a leading wholesaler.