Overview
When corporate entities face severe financial distress or operational insolvency, immediate and highly strategic legal intervention determines whether a business can be rehabilitated or must be structured for an orderly wind-down. Corporate insolvency and restructuring involve balancing the competing rights of secured lenders, distressed directors, institutional creditors, and liquidators.
Operating under modern insolvency frameworks, the primary focus has shifted toward corporate rescue mechanisms—such as administrations and voluntary arrangements—to preserve viable businesses as going concerns. When liquidation becomes unavoidable, the process demands rigorous asset tracing, clawback of preferential transactions, and strict adherence to statutory priority rankings to protect creditor yields.
- Creditor Actions: Formal legal maneuvers, statutory demands, and debt enforcement petitions launched by financial institutions or commercial suppliers to attach assets or force a defaulting company into receivership.
- Liquidation Proceedings: The statutory process of winding up an insolvent corporate entity, terminating its operations, liquidating its assets, and equitably distributing proceeds under the oversight of a court-appointed liquidator.
- Receiverships: The enforcement of a floating or fixed charge by a secured creditor, leading to the appointment of a receiver to take operational control of the debtor’s assets to satisfy the underlying debt.
Select Experience
We regularly lead in high-value contested insolvencies, formal debt restructuring processes, and disputes arising from securitisation structures, with the capacity to work seamlessly across borders where parallel insolvency regimes intersect.
Our practice is built on the recognition that insolvency engagements demand more than technical proficiency; they require the judgment to navigate competing stakeholder interests, the rigour to manage complex multi-jurisdictional proceedings, and the tactical acuity to protect client positions in contentious and time-critical environments.
Whether representing secured creditors defending priority positions, directors facing personal exposure, or distressed businesses pursuing operational recovery, we bring depth of experience to shape strategy and drive outcomes with precision.
- Representing directors of two investment vehicles holding over USD 100 million (KES 13 billion) in investor funds in an appeal challenging a court-ordered liquidation.
- Representing an international fintech in high-value liquidation proceedings involving tech-focused companies.
- Providing legal advice to a subsidiary of a publicly listed company under receivership in relation to the proposed sale of the publicly listed company’s majority stake in the subsidiary by its official receivers.
Key Contact
