Debt Recovery and Insolvency Law

Debt Recovery and Insolvency Services

Debt Recovery Services

Our Debt Recovery services are effective, fast and cost efficient – we let our track record speak for itself. Bennett & Philp has been recovering substantial and high-volume debts for local and national creditor clients for more than 25 years.

Our objective is to ensure that you have the best possible chance to recover your debts. Our experienced debt recovery specialists are experts in evaluating the cost of pursuing a debt against a realistic appraisal of recovery.

To do this we ensure that your credit terms, guarantees and contracts are drawn up to give you the best possible protections for your debts and to ensure they comply with all the necessary legislation. We can prepare full debt recovery precedents for you and give you onsite training in relation to all aspects of debt recovery.

We also ensure that all of our systems are ready to start debt collection action on your behalf as soon as we receive instructions from you.

Our services include:

  • preparation of credit terms and conditions and guarantees
  • same day turn around on all instructions received wherever possible
  • letters of demand and telephone follow up
  • issuing legal proceedings
  • winding up companies and bankrupting individuals
  • advising creditors in relation to complicated debt disputes and recovery options in relation to complicated company or trust structures.

We can also provide a full set of fixed price options for most of your debt recovery needs.

Insolvency and Bankruptcy Services

Bankruptcy has serious consequences for creditors and individuals and the cost of not seeking the right legal advice at an early stage can have severe implications.  Achieving the best outcomes requires specialist knowledge and experience.

Acting for private Bankruptcy Trustees, accounting firms, financial institutions, the Australian Financial Service Authority, private companies and individuals,  Bennett & Philp has one of the most experienced bankruptcy teams of any Queensland law firm.

Creditor Services
  • acting to bankrupt debtors
  • acting to defend preferences and other claims made by Bankruptcy Trustees
  • acting in disputes over proofs of debt against Bankruptcy Trustees.
  • advise on and acting in proof of debt disputes
  • defending applications in the Federal Circuit Court by bankrupts to try and have their sequestration orders overturned or annulled. 
Services for Debtors
  • defending bankruptcy proceedings brought by creditors

  • advising on and attempting to resolve matters informally with creditors

  • advising on and preparing Part 9 and Part 10 Agreements under the Bankruptcy Act

  • making annulment applications to the Federal Circuit Court

  • advising on and preparing annulment proposals to the Bankruptcy Trustee

  • defending actions brought by the Bankruptcy Trustee against the Bankrupt, family members or friends
  • acting for a Bankrupt in reviewing decisions by the Bankruptcy Trustee either to the Inspector General or the Administrative Appeals Tribunal.

Dragging your heels in bankruptcy can have catastrophic consequences for your business.  Please contact one of our specialist debt recovery team today for any advice.