Secured Creditor Appointments

Secured Creditor Appointments

Having security is useless unless you know how and when to enforce your rights

We say that you recover money when you lend it.

Secured creditors have a range of different rights and opportunities compared to unsecured creditors and now, with the introduction of the Personal Property Securities Register, there should be no excuse for any secured creditor to be surprised by a recalcitrant debtor.

In each and every case where we act for the secured creditor, we provide advice on the circumstances of the file using our 8Cs framework:

  • Core
  • Costings
  • Cashflow
  • Character
  • Credibility
  • Collateral
  • Communication
  • Closure

And then we develop a clear plan for the recovery of the secured creditor’s funds, taking into account factors such as employee creditors with a statutory priority.

We accept a range of appointments from secured creditors, whether large banks, boutique financiers or private lenders, including:

  • Pre-lending due diligence investigations
  • Investigating accountant engagements for underperforming files
  • Periodical reviews of major loans
  • Appointments as Receiver, Receiver and Manager or as Controllers
  • Appointments as Agent for the Mortgagee in Possession

Capabilities

Insolvency is a highly specialised area of accounting and, practically, is close to a hybrid profession between commercial law and management consulting. The truth is that there is very little “number crunching” in insolvency work and lots of investigative research and asset recovery work.

Case Studies

Our client was a secured creditor to a solar panel retailer and installer operating in 3 States. Whilst our client had a nominee Director sitting on the Board of the Company, the information available was late, inaccurate and focussed on the wrong metrics.