Legal advice on opposing winding up petitions

Winding Up Petition

At Nelsons, we understand that facing a winding up petition can be a daunting and stressful experience for any business. Our team of experienced insolvency lawyers in Derby, Leicester and Nottingham is here to provide expert guidance and robust representation to help you navigate this challenging situation.

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What is a winding up petition?

A winding up petition (often referred to as a WUP) is a debt recovery action that can be taken by a person or company (the creditor) against a company (the debtor) that, they allege, owes them money and is not paying their debts. If the action taken by the creditor ultimately proves to be successful then the debtor company will cease trading and be wound up. A winding up application against a company is only available if the debt is more than £750.

There are often grounds to dispute these petitions, and swift action is crucial.

 

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How we can help

At Nelsons, our team of specialist insolvency solicitors in Derby, Leicester and Nottingham has many years of experience in advising businesses involved in insolvency proceedings and can provide specialist assistance if you have received a statutory demand or been served with a winding up petition that you oppose.

We can assist you in disputing a winding up petition through various means:

  1. Urgent advice – We provide immediate guidance on your options and the best course of action.
  2. Petition analysis – We’ll scrutinise the petition to identify any grounds for dispute or procedural errors.
  3. Debt negotiation – Where appropriate, we can negotiate with creditors to reach a settlement and have the petition withdrawn.
  4. Court representation – If necessary, we’ll represent you in Court to oppose the petition.
  5. Alternative solutions – We can advise on and help implement alternatives such as Company Voluntary Arrangements (CVAs) or administration.
  6. Injunctions – In cases of abuse of process, we can apply for an injunction to restrain advertisement of the petition.

Our team fully understand the legal procedures involved and by contacting us as early as possible, we can provide you with advice regarding your situation and assist you in all dealings with creditors and the Courts.

Our approach

When disputing a winding up petition, time is of the essence. At Nelsons, we:

  • Act swiftly to protect your interests and prevent damage to your business
  • Provide clear, practical advice tailored to your specific situation
  • Work diligently to find the most cost-effective solution
  • Keep you informed at every stage of the process

Why choose Nelsons?

  • Expertise – Our insolvency team has a proven track record in successfully disputing winding up petitions. The team is also recommended by the independently-researched publication, The Legal 500, as being one of the top teams of experts in the country.
  • Commercial awareness – We understand the commercial realities facing businesses and work to find pragmatic solutions.
  • Comprehensive service – As a full-service law firm, we can draw on expertise from other departments if needed.
  • Client-focused – We tailor our approach to your specific needs and objectives.

If your company has been served with a winding up petition, it’s crucial to seek expert legal advice immediately. Delays can severely limit your options and potentially lead to the compulsory liquidation of your business.

Contact Nelsons today for urgent, expert advice and representation.

  • "Active in both corporate and personal insolvency work, Nelsons Solicitors Limited has a strong profile in the East Midlands market, and fields insolvency and restructuring experts in each of its offices in Leicester, Nottingham and Derby..."

    Legal 500
  • "...It also undertakes a significant amount of work for London-based clients."

    The Legal 500 (Continued)
  • "The strength of the Nelsons team across the whole East Midlands places them as one of the top firms to work with."

    Client Feedback
  • "Nelsons Solicitors Limited's team possesses 'a wealth of knowledge' and impresses with 'speedy responses' and its ability to 'quickly grasp the crux of the matter'..."

    Legal 500
  • "...Adept at both contentious and non-contentious work, the team handles the full range of insolvency-related mandates…"

    The Legal 500 (Continued)
  • "A company that is able to offer a diverse range of support that a typical manufacturing business requires."

    Referee feedback provided to The Legal 500 2024
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Disputing a Winding Up Petition FAQS

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