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Insolvency Litigation
KBH’s senior litigators have substantial experience litigating insolvency disputes for creditors, shareholders, fund principles and insolvency practitioners. We understand the need to formulate strategies that produce recoveries and the best possible outcomes for our clients, whether before the courts in contentious litigation or in non-contentious restructuring.
The breadth of our experience allows us to combine technical expertise and strategic value across a wide variety of insolvency disputes including:
- Bankruptcy
- Liquidations
- Provisional Liquidations
- Preferences and transactions at an undervalue
- Corporate voluntary arrangements
- Fraudulent and wrongful trading
- Claims against former officers
- Protection of assets and injunctions
- Asset recovery
- Fraud and other misconduct claims
Notable Representations
- Assisting a liquidator obtain recognition before the Swiss bankruptcy courts for the purpose of realising assets.
- Advising a group of companies in the DIFC and DMCC on strategies and options on a dual restructuring strategy between the two off-shore jurisdictions.
- Successfully converting a members’ voluntary liquidation into a compulsory liquidation before the DIFC Courts.
- Obtaining a judgment on the waterfall provisions of the DIFC Insolvency regime as it applies to preferential creditors and penalty payments under the DIFC Employment law.
- Advising a large shipping company based in the UAE on a strategy and options in a contentious restructuring in the UAE, Cyprus and Germany.
- Advising in litigation arising from the liquidation of the Abraaj Group, a Dubai-based private equity firm.