Insolvency law

Intentional bankruptcy: what circumstances are assessed?

Recognition of intentional bankruptcy is not merely an assessment of an unsuccessful business outcome; the court considers specific decisions, conduct and their consequences.

Causes of insolvency

The analysis considers how and when the company lost the ability to meet its obligations, which decisions were material and whether financial difficulties were managed reasonably.

Transactions and movement of assets

Transactions with related parties, disposal of assets, payment priorities, unusual operations and their economic rationale may be relevant.

Accounting and documents

The state of accounting records, preservation of documents, reliability of financial data and information available to management often form an important part of the factual picture.

Creditor and management positions

The process may affect transaction challenges, damages claims and liability, so positions should be based on specific evidence.

This article provides general information only and is not individual legal advice. The appropriate legal route depends on the facts and the law applicable at the relevant time.