Enforcement and Insolvency

Enforcement is the process of legally compelling a debtor to fulfil his monetary or non-monetary obligation owed to a creditor.

In the case of monetary obligations (receivables/claims) that have not been repaid, it is up to the creditor to remain vigilant and to seek repayment through active approach, this means by out-of-court recovery or by judicial recovery (enforcement). Otherwise, there is a risk that unsettled claims (receivables) will become subject to the statute of limitations. 

In cases where the debtor’s assets are no longer sufficient to repay his creditors, the debtor is considered insolvent. The repayment of creditors in such proceedings is subject to strict rules aimed at achieving the uniform satisfaction of creditors’ claims. 

We have many years of experience in advising and representing clients in debt recovery, enforcement and insolvency proceedings.