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Melania Constable, Senior Associate

Melania specialises in all areas of personal and corporate insolvency law.

Melania Constable, Senior Associate

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Services:

Corporate Restructuring & Insolvency

Summary

Melania has significant experience in both contentious and non-contentious insolvency matters. On the non-contentious side, she regularly advises office holders and directors on the sale and acquisition of insolvent businesses (including pre-packaged administrations and liquidations). She advises office holders in relation to issues arising during their appointment and in relation to the conduct of estates. She also provides advice to office holders, directors, lenders and/or other stakeholders regarding the implementation (and implications) of all formal and informal insolvency schemes such as administrations, voluntary arrangements, liquidations, receiverships and bankruptcy.

Melania also has significant experience dealing with contentious matters including antecedent recovery actions in both personal and corporate insolvencies, director misfeasance claims, family and matrimonial law issues arising in insolvency (including matrimonial home issues and the challenge of matrimonial orders) and utilising the full range of Insolvency Act powers to ensure full disclosure and delivery up of assets to the office holder.

Melania has obtained the CPI Insolvency qualification and the JIEB personal insolvency exam. She also spent six months working in-house for a national firm of insolvency practitioners.

Melania is admitted to practise in England and Wales.

Experience highlights

  • Advised and represented the appointed administrators in the reported case of Harlequin Management Services (South East) Limited [2013] All ER (D) 202 concerning an application for a declaration that the Administrators had been validly appointed as a result of a failure to give notice of the Financial Conduct Authority (as required under FSMA 2000)
  • Acting for BVI liquidators on a complex multimillion pound share sale and debt restructuring assignment involving an overseas hotel business
  • Acting for appointed Administrators in relation to a property investment business, resulting in a solvent exit from administration based on a scheme which provided for the payment of ‘undisputed’ debts in full and a provision for ‘disputed’ debts. This creditors initially rejected the Administrators’ proposals with regard to the proposed scheme but this was sanctioned by the Court following our application to court
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