CREDITOR SERVICES

TPH is qualified and highly experienced in providing specialist creditor services. These services have been developed for both secured and unsecured lenders/creditors. The services include:

  • Court and Official Liquidation appointments;
  • Receivership and Secured Lender appointments;
  • S66G Statutory Property Possession Appointments; and
  • Voluntary Administration or Liquidation  Replacement Appointments

We are a preferred provider for the ATO, Workers Compensation Nominal Insurance and many legal firms in NSW. Our results demonstrate superior process and focus and many law firms request our expertise in these matters.

For more information and a free initial consultation, call 1300 756 425 or email enquiry@tphinsolvency.com.au

COURT LIQUIDATIONS OR OFFICIAL LIQUIDATION

This type of liquidation occurs when a Court makes an order for the winding-up of a company. A creditor or other stakeholder can resort to this process if they have exhausted all other avenues to obtain payment for outstanding debts.

TPH will provide its consent to act in these matters in most instances whether  there is knowledge of the company’s affairs or not by the applicant creditor.

TPH has efficient and effective programs and staff to secure good results in this very complex environment.  Our rates reflect the risk involved in these appointments whilst still being highly competitive.

RECEIVERSHIP AND SECURE LENDER APPOINTMENT

A Receivership or Secured Lender Appointment occurs when a creditor holding security over assets, appoints a Receiver to represent its interests due to the debtor defaulting on certain terms contained in the loan agreement.

The Receivers usual mandate is to realise the secured assets for the best possible outcome and distribute those funds back to the lender. The Receiver is the lender’s agent and as such has a strong regard for the lender’s objectives.

TPH has developed effective and cost efficient programs for this highly specialised work. We work closely with the secured lender ensuring we understand their objectives, budget, program, and timing.
TPH understands the legal boundaries necessary to get desired results in this field and recognises the need to meet the lenders objectives.

We have three eligible personnel with the qualifications and experience to be appointed as receivers and we also have a team of specialists well versed in secured creditor recovery programs. Our clients are well respected and regarded including the Singapore Investment Fund Ltd plus many private lenders.

STATUTORY TRUSTEE S66G FOR PROPERTY

When there is an unresolvable dispute with joint land owners a Statutory Trustee (Pursuant to Section 66G of the Conveyancing Act 1919 of NSW) can be appointed over the land to resolve the impasse. This occurs by making application to the Court and the Court then appoints a trustee.

TPH has been asked to Act as trustee in a variety of disputed matters and has developed efficient and effective programs and procedures to deal with all of the challenges that emerge with this type of appointment.

As the role generally arises from a dispute, the s66G trustee needs to adopt programs that will minimise the likelihood of greater hostilities whilst at the same time attending to the usually delicate program of property sale and realisation. TPH has a very experienced team to deal with such variables and has achieved good results for many.

TPH recognises that specialist selling programs are usually called for in these appointments and has established a professional network of property experts from a wide range of property backgrounds to ensure the most effective and logical property realisation program is adopted.

TPH rates are competitive and based on fee estimates provided from the outset of the appointment program.

LIQUIDATOR / VOLUNTARY ADMINISTRATOR REPLACEMENT

Creditors are empowered by corporation’s law to elect to replace an existing Voluntary Administrator or Voluntary Liquidator. Unsecured creditors have few real powers but replacement of the chosen Administrator/Liquidator is one of them. It’s often not an easy decision to mount a challenge. However, if the situation arises TPH is prepared to act as the replacement as provided by law. TPH, if asked to replace, cannot assist creditors prior to the meeting in gathering the required support from other creditors. TPH must always be seen to be impartial. So, it is up to the creditors to gather the required numbers and support. This is consistent with our ethics and values concerning integrity. Reasons for replacing an administrator or liquidator include:

  • Creditors may have come across the administrator before and would like to see how another administrator does the job;
  • Creditors just don’t want any administrator chosen by the directors as they don’t have any trust in the directors and that generally extends to the choice of administrator;
  • Another administrator may have lower  fee rates; or
  • Creditors may have administrators that they have dealt with in the past with whom they are very comfortable.

TPH respects the choices of companies when they choose their Administrator/Liquidator. TPH will always provide a proper transitional program and creditors will note that TPH Remuneration rates are highly competitive in the market.

CASE STUDY: VOLUNTARY ADMINISTRATION REPLACEMENT

Recently a labour hire company had been placed into Voluntary Administration. The directors chose a registered liquidator who had previously acted as the Voluntary Administrator for the director’s previous Labour Hire Business. The Insolvency Practitioner had also acted as an adviser between the voluntary administrations.
Technically, enough time had passed between appointments for the practitioner to be able to take on the VA. The major creditor, the ATO however, felt that a fresh set of eyes and a new practitioner should be appointed. As such we consented and the ATO put up resolutions for TPH to be appointed. The ATO had the overwhelming debt position to ensure the vote removed the VA and replaced them.