Insolvency and restructuring.
Officeholder claims, director conduct, and contested restructurings built on the full history of a company's decline.
Insolvency litigation looks backwards at the life of a company through the records it left behind: board papers, management accounts, banking correspondence, advice, and communications. Wrongful trading, preference, transaction at undervalue, and breach of duty claims each depend on establishing what directors knew about the company's position and when, and what they did in response.
Crimson builds a Case Model that reconstructs the company's trajectory and connects each decision, transaction, and communication to the causes of action available to officeholders or the defenses available to directors. Restructuring teams use the same capability to analyze creditor positions and challenge or defend schemes and plans with every assertion cited to the record.
Typical case file
- Board minutes and management accounts
- Statutory accounts and cash flow forecasts
- Banking facility documents and correspondence
- Professional advice to the company
- Payment records and transaction documents
- Officeholder reports and investigations
- Scheme and plan documents and valuation evidence
- Creditor correspondence and claims
The pressures
facing your team.
Establishing the point of insolvency
Claims turn on when directors knew or ought to have known there was no reasonable prospect of avoiding insolvent liquidation. Counsel must find that point in the record.
Incomplete and disordered records
Officeholders inherit records in whatever state the company left them. Reconstructing a coherent history from them is laborious.
Multiple transactions and counterparties
Antecedent transaction claims require analyzing many payments and dealings against the timeline of the company's decline.
Contested restructurings on tight timetables
Scheme and plan challenges compress detailed analysis of valuation evidence and creditor treatment into short court timetables.
A Case Model built for
insolvency and restructuring.
At upload, Crimson maps the parties, events, disputed facts, claims, defenses and evidence in your matter into a structured Case Model with full provenance. Every workflow below runs on that model.
Reconstruct the company's decline
Build a chronology of financial position, board decisions, and external advice from accounts, minutes, and correspondence, cited to source.
Evidence director knowledge
The Case Model tracks what information reached each director and when, so you can establish knowledge from the record.
Analyze antecedent transactions
Connect payments and dealings to the approvals, communications, and financial context around them to assess preference and undervalue claims.
Assess creditor positions
Map creditor classes, security, and treatment across restructuring documents and valuation evidence.
Draft claims and defenses with precision
Produce first drafts of particulars, reports, and submissions with each allegation referenced to the underlying document.
Questions Crimson answers,
cited to the page.
Illustrative questions from insolvency and restructuring matters. Crimson traces each answer to the supporting document, page, and passage.
- When did the board first receive advice that the company might be insolvent?
- Which payments to connected parties were made in the six months before administration, and who approved them?
- Build a chronology of the lender's covenant waivers and the financial information provided for each.
- Compare the directors' account of the decision to continue trading with the contemporaneous minutes.
- Summarize the valuation evidence relied on for the relevant alternative in the plan.
Common questions from insolvency & restructuring teams.
Yes. Crimson's ingestion pipeline processes whatever material is available and builds a structured Case Model from it, placing documents on a chronology and linking them to individuals, entities, and transactions. Gaps in the record become visible, which is itself useful in assessing claims.
Also built for.
Fraud and Asset Recovery
Civil fraud, tracing, and enforcement across complex corporate structures, banking records, and concealed communications.
Commercial Litigation
Contract, shareholder, joint venture, and supply-chain disputes where the answer is buried in years of correspondence.
Securities Litigation
Shareholder claims and market disclosure disputes turning on what the company knew when it made its statements to the market.