The Restructuring and Insolvency Team of Jersey and Guernsey lawyers combines experience from different legal spheres, including corporate law, dispute resolution and banking and finance.  The team specialises in insolvency and potential insolvency (including cross-border insolvency proceedings), enforcement of security, corporate restructuring, work-outs and recovery.

Our lawyers bring broad experience in this area to any situation involving a distressed debtor or other obligor, whether acting for the debtor, creditor/security holder, contractual counterparty or other stakeholder. Our lawyers' experience in debt and equity finance brings with it an awareness of the advantages and disadvantages that attend a given case and the different courses of action available.

We can guide you through the various Jersey and Guernsey law insolvency procedures and advise you on the right steps to take in the circumstances of the particular case. Whether you are faced with a work-out, restructuring, refinancing or the prospect of an enforcement and/or insolvency process, we can provide you with the analysis and execution.

Areas that we have worked closely on include:

• 'désastre' under the bankruptcy laws of Guernsey and Jersey and the rights and duties of the Jersey Viscount and Guernsey Sheriff;
• actual/potential transactions at an undervalue and preferences, and their constituent elements;
• extensions and renegotiations of financings, with additional security;
• rights of and steps open to a secured party under the Jersey and Guernsey security interests laws, both within those laws and by contract;
• the degree to which insolvency proceedings and procedures impede and prevent the exercise of rights by creditors including secured creditors;
• duties and exposure of directors in insolvency or potential insolvency, including 'commercial benefit', wrongful trading, fraudulent trading;
• rights of contribution against current and former shareholders;
• specific issues arising for regulated businesses.