Bankruptcy and Insolvency Lawyers

Bankruptcy and Insolvency Lawyers



Insolvency Lawyers Brisbane | Bankruptcy Lawyers Brisbane

Our Bespoke Insolvency Service

Aitken Whyte Lawyers provide debt recovery and corporate insolvency advice to:

  • debtors;
  • creditors;
  • company members;
  • shareholders; and
  • directors.

We tailor our solutions to suit each client’s unique circumstances. Each approach we develop is focused on results.

Initially, we will:

  1. assess your situation;
  2. outline all viable options; and
  3. present our recommendation on the most effective way forward.

When facing uncertainty, we can advise on debt recovery, defence, and corporate insolvency. Our experience includes acting for and advising individuals, small businesses, and large corporations.

We understand any action you take needs to be commercial. Our solicitors are business-minded and know the approach taken needs to benefit you. Our focus on obtaining the best outcome means:

  1. analysing your situation to explore possible avenues for success;
  2. explaining the insolvency process in clear terms so you’re informed of your options; and
  3. implementing a plan to ensure we are working toward the best outcome from the start.

Speak to a skilled litigator to know you’re taking the right steps for success when you need to:

  • recover a debt;
  • defend an action; or
  • obtain legal advice on corporate insolvency.
How Can Aitken Whyte Lawyers’ Insolvency Practitioners Represent Me?

Insolvency law is complex and the Courts take into consideration the realities of business. Our solicitors practice in insolvency, litigation, and commercial law, so understand these intricacies. We can guide you through the Court process to help you achieve the result you need.

Creditors – We can take swift action against a debtor company to minimise the time before they pay your debts. If a company owes you or your business money, effective recovery methods are available. Contact us to discuss the most efficient way to have a debt repaid.

Debtors – There are strict time frames within which to respond to a creditor’s statutory demand. Failing to comply can devastate your company. You need to take immediate action if a creditor has served you with such a demand. Contact us if you dispute the debt (or part of the debt) or have a cross-claim. We can assist you to prepare a response to meet all relevant deadlines.

Directors, Shareholders, and Company Members – Sometimes, in the running of a company, disputes arise about conduct and management. We can offer advice to directors and shareholders to:

  • protect their position;
  • act if their interests have been prejudiced; or
  • defend any allegation against them.
Our Debt Recovery Action Plan Process

Call us to speak to a lawyer about a tailored plan to recover your money.

We will review all relevant documentation you provide to give you advice on your options.

Generally, the first step will be to attempt to reach a fast, cost-effective resolution. We can contact the debtor to determine their position and openness to negotiate. We will also establish your position with them in an attempt to reach an agreement in your favour.

We will always act in your best interests. In the event the parties are unable to agree, we will provide guidance on the immediate steps you can take.

Our lawyers will aggressively litigate the matter if necessary. We will progress any action with the intent to recover all money owed to you.

When Do You Hire a Brisbane Insolvency Lawyer?

Aitken Whyte Lawyers offer a wide range of corporate insolvency services. We can expertly:

How to Get in Touch with Our Brisbane Insolvency Lawyers

Contact a law firm focused on results to handle your insolvency matter.

You can speak directly to a lawyer by:

  • calling us on 07 3229 4459; or
  • sending us an email so we can arrange a convenient time to speak with you.

We’re happy to discuss your situation and the ways we may be able to assist.

How Can Aitken Whyte Lawyers’ Bankruptcy Lawyers Represent Me?

If an individual owes you money they are unwilling to pay, there are steps we can assist you to take to recover this.

As a starting point, you may wish to set out your expectations with a letter of demand. A letter of demand should be straightforward and can be relatively simple. Its purpose is to set out in certain terms the amount owed, what it is for, and by when and where you require it to be paid. You can use this example of a letter of demand to send to your debtors.

If this does not result in the debt being paid, or you do not believe it will, you can engage us to send a letter on your behalf. A letter from a lawyer can show you are serious about taking the necessary action to recover the debt. It can be a cost-effective initial step to persuade a debtor it is in their best interest to pay you.

If a suitable response is not received, we can then bring Court proceedings against them.

Following a judgement in your favour, you may wish to start bankruptcy proceedings. Bankruptcy proceeds may either:

  1. convince the debtor to pay you the amount you are owed; or
  2. obtain an order for their assets to be sold to pay their debts.

We can guide you through the entire process, including:

  • drafting your Court documents;
  • appearing on your behalf at interim or final applications and trial; and
  • enforcing any money order.

Our knowledge of this area also means we can defend you with expertise if someone:

  • alleges you owe money which you dispute;
  • has brought proceedings against you for a debt;
  • has issued you with a bankruptcy notice; or
  • has lodged a creditor’s petition seeking a sequestration order against you.
When Do You Hire a Brisbane Bankruptcy Lawyer?

If an individual owes you money, we can assist you to obtain a Court order in your favour and then enforce that order. One option which may be available to you is to apply to bankrupt the debtor.

Our legal services include:

  • Issuing bankruptcy notices; and
  • Issuing creditor’s petitions requesting sequestration orders against a debtor.

We can also assist in setting aside a bankruptcy notice.

We will discuss the benefits of bankruptcy proceedings against other enforcement options available. The most effective option will depend on factors such as what assets the debtor holds.

How to Get in Touch with Our Brisbane Bankruptcy Lawyers

Call us on 07 3229 4459 or send us an email.

We will transfer you directly to a lawyer, or organise a convenient time for a lawyer to contact you.

We offer practical advice to resolve your legal matter as efficiently as possible.

Relevant Cases:

Office Location and Contact Details


Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000

Ph: 07 3229 4459
Fax: +617 3211 9311