Insolvency

Maximizing recoveries for complex cross-border insolvencies and enforcements.

Appointed in substantial and complex insolvency assignments as receivers, provisional liquidators and liquidators. Experts in large international corporate collapses, auditor and other professional negligence claims and related complex commercial and accounting investigations.

Even simple, amicable insolvencies are challenging. They become exponentially more complicated when they span multiple jurisdictions, involve suspected fraud and misconduct or consist complicated capital structures. In difficult situations, companies, creditors and investors need an experienced and independent fiduciary to establish realistic options for recovery, make robust recommendations and take a hands-on approach to implementing them.

Kroll helps clients navigate cross-border and contentious insolvencies while maximizing value to stakeholders. As a result of our independence, we are able to act quickly, which is crucial when prompt and critical decision-making is required. We take a flexible approach to resolving complex situations to achieve more effective outcomes.

We recognize the challenges that can arise from changing market conditions, competing interests within management, unforeseen events, fraudulent activity or mismanagement. When such situations present themselves, decision-makers must proactively implement the available remedies, with the assistance of experienced professionals, while also weighing the interests of creditors, investors, regulators and fiduciaries.

How we can help

  • Liquidations (court-appointed, provisional or voluntary) and administration
  • Receiverships (court and private)/controllerships
  • Asset tracing, realizations, sales mandates and recovery operations
  • Investigating service provider negligence, including auditors and underwriters
  • Litigation funding, including the structure of funding arrangements and the associated documentation
  • Solvent liquidations, including corporate simplification of complex group structures
  • Trustee or examiner in bankruptcy
  • Liquidation analysis
  • Investigation of pre-petition actions and settlement of claims relating thereto 
  • Solvency (fraudulent conveyance) litigation and avoidance actions 
  • Liquidating trusts

Even simple, amicable insolvencies are challenging. They become exponentially more complicated when they span multiple jurisdictions, involve suspected fraud and misconduct or consistent of complicated capital structures. In difficult situations, companies, creditors and investors need an experienced and independent fiduciary to identify and deliver solutions.

Kroll helps clients navigate cross-border and contentious insolvencies while maximizing value to constituents. Our multi-disciplinary team is in 25 countries worldwide, including key global financial centers, and understands local laws and regulations.

We recognize the challenges that can arise from changing market conditions, competing interests within management, unforeseen events, fraudulent activity or mismanagement. When such situations present themselves, decision-makers must proactively implement the available remedies, with the assistance of experienced professionals, while also weighing the interests of creditors, investors, regulators and fiduciaries.

Insolvency and Restructuring Expertise
 
  • Liquidations (court-appointed, provisional or voluntary) and administration
  • Receiverships (Court and Private) / controllerships
  • Investigative receiverships
  • Trustee or examiner in bankruptcy
  • Controlled wind-downs / solvent liquidations
  • Liquidating trusts
  • Disinterested directors
  • Independent Chief Restructuring Officers
  • Monitoring accountants
  • Financial advisor to fiduciaries
  • Investigating service provider negligence, including auditors and underwriters
  • Asset tracing, realizations, sales mandates and recovery operations
  • Distressed/illiquid investment management service
  • Solvency (fraudulent conveyance) litigation and avoidance actions 
  • Financial Investigation and Forensic Services (linked to new page)

 

Forensic Tools
 
  • Data capture and preservation
  • Data hosting, analysis and triage review
  • Corporate and personal intelligence
  • Data analytics
 

Download our brochure to learn more about our Contentious Insolvency capabilities.

Maximizing recoveries for complex cross-border insolvencies and enforcements.

INSOL Technical Paper - Cross-border Investigations and Comity: A Toolkit for Insolvency Practitioners and Restructuring Advisors

INSOL International has published a technical paper written by the Kroll Restructuring team that covers cross-border investigations by IPs and restructuring advisors. It showcases the legal framework across the BVI, the Cayman Islands, Hong Kong, Singapore and the U.S. With the permission of INSOL, we are delighted to share this article.

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