The most important consideration whilst dealing with troubled borrowers is how to achieve the maximum and most timely repayment of debts. Our combination of sector specific knowledge and experience of enforcement engagements gives us a unique perspective on dealing with troubled borrowers.
We are available to provide objective and informed advice on possible outcomes from proposals from borrowers, and on how the amount recovered might be increased.
Some of the issues we have advised on include:
- The optimal timing for enforcement,
- Diversion of assets by borrowers,
- Maximising the realisation from floating charges,
- Structuring loans to maximise the lenders subrogated rights,
- Preferential creditors,
- Transfer of Undertakings (Protection of Employment) Regulations 2003 (TUPE),
- Multi-banked borrowers,
- Potential or actual borrower resistance,
- Circumstances where not all of the borrowers trading assets are charged in the lenders favour.