Corridor outside the insolvency practice offices

Practice areas/Receivership, turnaround, recovery

03 Insolvency & Restructuring

Receivership, turnaround, warehousing and debt recovery mandates for banks, funds and corporates across sectors.

The practice

What instructing us on insolvency & restructuring looks like.

CAMA 2020 widened the options open to a secured creditor and sharpened the traps. We act for receivers, debenture holders, distressed borrowers and purchasers of loan books, moving between negotiation, restructuring and enforcement as the numbers require.

The first question is never which remedy is available — it is which remedy actually returns money within a period the client can fund.

Scope of work

  • Receivership and administration appointments
  • Company voluntary arrangements and schemes
  • Debt recovery and security enforcement
  • Loan book acquisition and warehousing
  • Directors' duties and insolvency litigation
  • Cross-border recognition and asset tracing
Security documents under review
Meeting room set for creditor talks
Facade of a corporate headquarters

Who we act for

Commercial and merchant banksCredit funds and loan purchasersAppointed receivers and managersDistressed borrowers and guarantorsBoards facing wrongful trading exposure

How we work

Judgement applied in a particular order.

The discipline changes; the method does not. These are the decisions we take first on every mandate in this practice.

Security documents under review
01

Test the security first

Every mandate opens with a review of perfection and priority. Enforcement built on a defective charge fails expensively and late.

Meeting room set for creditor talks
02

Recovery arithmetic

We model realistic recovery net of cost and time before choosing between restructuring and enforcement.

Arcade outside the Federal High Court
03

One team, three disciplines

Tax, litigation and insolvency counsel sit on the same file, so a settlement is not undone by a consequence nobody priced.

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Clients advised
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National offices
Arcade outside the Federal High Court

Selected record

Where this practice has been tested.

Guaranty Trust Bank Plc v. Obosi Microfinance Bank Ltd

High Court of Lagos State

Recovery enforced

Receivership of a manufacturing group

Federal High Court

Business sold as a going concern

Loan portfolio acquisition and warehousing

Transactional

Portfolio transferred
Charge documents being checked
Arcade outside the Federal High Court

Common questions

Asked before most instructions.

Do you act for debtors as well as creditors?

Yes, though not on both sides of the same matter. Debtor-side work is often about buying credible time for a restructuring to work.

How quickly can enforcement begin?

Where security is clean and the default is documented, we can be before a court within days on an urgent application.

Consult us

Put the insolvency & restructuring question to a partner.

Every enquiry is read by a partner, cleared for conflicts and acknowledged within one business day. Urgent injunctive or enforcement matters are triaged the same day by telephone.

+234 816 899 4065info@osbornelawpractice.comOsborne Foreshore Estate, Phase II, Ikoyi, Lagos