Insolvency Solicitors in Stoke-on-Trent

If your Stoke business is facing corporate insolvency, we are here to help you find a practical solution. Under the Insolvency Act 1986, there are strict rules about what insolvency is, how directors should act and when details may appear on the Insolvency Register.

With our experienced solicitors, you will gain access to a Staffordshire insolvency expert who provides advice tailored to your unique situation.

What is insolvency?

In simple terms, insolvency is when a company cannot pay its debts as they fall due, or its liabilities are greater than its assets. The Insolvency Act 1986 sets out the legal framework for both personal and corporate insolvency in the UK.

If you’re unsure whether your business is insolvent, speaking to an experienced insolvency solicitor early can give you more options and help you comply with your duties as a director.

How We Help You

We advise companies and directors in Stoke-on-Trent who are under insolvency pressure, helping you understand your position and act quickly. Our insolvency solicitors provide solution-led support on matters such as restructuring options, the potential personal consequences for directors, defending claims, and dealing with contested statutory demands or winding-up petitions.

As corporate insolvency solicitors, we advise on all aspects of corporate insolvency, from early warning signs through to formal appointments of an insolvency practitioner.

  • Advising Directors on Insolvency Options – We support directors when a company is insolvent, or at risk of becoming insolvent under the tests in the Insolvency Act 1986. We guide you through the available routes, including administration, creditors’ voluntary liquidation, members’ voluntary liquidation and company voluntary arrangements (CVAs), so you can choose the most appropriate option to safeguard the business and those affected by the outcome.
  • Personal Implications for Directors – Company insolvency can expose directors to personal risk, particularly where personal guarantees have been signed. We provide bespoke guidance on what financial difficulty may mean for you personally, including the potential consequences of an insolvency procedure and any record on the Individual Insolvency Register, and how this could affect your future eligibility to act as a director.
  • Defending Directors Against Claims – Our Stoke team is experienced in acting for directors in contested corporate insolvency matters. We can defend a wide range of allegations, including misfeasance, breach of duty, transactions at an undervalue, preference claims and claims for repayment of directors’ loan accounts. We also advise shareholders on possible routes to recovery, including claims linked to unlawful dividends.
  • Disputed Statutory Demands & Winding Up Petitions – We act for companies that need to respond to or challenge statutory demands and winding-up petitions. Our team will set out the procedural steps, the tactical options available and the likely consequences of each approach. Where relevant, we also explain the wider impact of these actions, including visibility through the Insolvency Register and public notices, while working to protect the company’s position.
  • Advising Creditors on Statutory Demands & Winding Up Petitions – When a debtor won’t pay, we can advise on using insolvency procedures to apply pressure and pursue recovery, including statutory demands and winding-up petitions. We handle the service and key time limits, and steer the process through the required court steps where necessary. Throughout, we focus on protecting your position as a creditor and progressing the matter efficiently and proportionately.

Our business insolvency solicitors are here to support businesses in Stoke with expert advice and solutions, ensuring you navigate these challenges with clarity and confidence.

Contact our team today

To find out how our expert team of solicitors can help you, contact us today on 0116 247 2000, send us an email via info@smithpartnership.co.uk or complete our contact form.

FAQs

Business insolvency is when a company can’t pay its debts when they fall due, or its liabilities outweigh its assets. If you’re unsure, speaking to insolvency solicitors in Stoke-on-Trent early can help you understand your options.

A company may be classed as insolvent under the ‘cash flow’ test (can’t pay debts on time) or the ‘balance sheet’ test (liabilities exceed assets). The right test depends on your circumstances and financial evidence.

As soon as you suspect the company can’t meet its debts, it’s sensible to take advice. Early action can increase the available routes (such as restructuring) and help directors meet their duties.

In broad terms, insolvency can be corporate (a company) or personal (an individual). For companies, common formal routes include administration and liquidation, as well as CVAs (company voluntary arrangements), depending on the goal and financial position.

It depends on the procedure and whether you are a creditor or the company. If you’re considering action such as a statutory demand or winding-up petition, get advice first to confirm current thresholds and the correct process.

Usually, a limited company’s debts remain with the company, but personal liability can arise in certain situations. For example, where personal guarantees are involved or where director conduct is challenged.

Insolvency itself is not a criminal offence. However, criminal penalties can apply where there has been fraud, wrongful conduct, or breaches of legal duties.