Debt Recovery, Restructuring & Insolvency
One of the firm’s most vibrant practice area is Debt Recovery, Restructuring and Insolvency that the firm offers its corporate clients especially banks, microfinance institutions and companies. We offer expert legal advice and guidance on all types of debt recovery related issues and advise debtors in distress.
Our practice area covers General Debt Recovery to include debt collection, distress for rent, schemes of compromise, investigations and asset tracing; Debt Restructuring and Rescheduling on non-performing loans; Debt Recovery with a particular bias on Civil litigations both in the Magistrates Court and High Court and Receivership and Insolvency.
We employ all diligence to ensure strict adherence of the procedures provided for under the applicable statutes in each matter. We take cognizant of the fact that non-compliance of any steps provided for under the law or any departure from such procedures especially in distress for rent, execution of decrees, statutory power of sale inter alia would of necessity vitiate the process and render it liable for challenge by the aggrieved.
Get in Touch
Call 0716 209 673 or
Send us a Message
Related Articles
Standstill Agreements: -A Comparative Analysis of Kenyan and English Law
A standstill agreement is a contractual arrangement between parties in a dispute or financial distre...Read more
Kenya High Court Clarifies the Primacy of Insolvency Proceedings Over Arbitration Clauses
Precedent-Setting Judgment in Opticom Kenya Limited v. Kenya Hospital Association t/a The Nairobi Ho...Read more
Appellate Court Bars Misuse of Insolvency Laws in Disputed Debt Cases – A Win for Fair Process
In a landmark decision with wide implications for creditors, debtors, and insolvency practitioners, ...Read more
Safeguarding Assets, Enforcing Rights: Combating Fraudulent Transfers Under Kenyan Law
Fraudulent transfers and asset manipulation are some of the most pervasive strategies used by debtor...Read more
Company Voluntary Arrangement: A Rescue Option Available to Companies Facing Financial Distress
A Company Voluntary arrangement (hereinafter “CVA”) is a rescue option available to insolvent compan...Read more
Insolvency of a developer and/or property owner; can a claim for unjust enrichment be sustained against a Lender by the contractor?
In instances where a property owner and/or developer is faced with insolvency proceedings, the devel...Read more
Restrictions on the appointment of an Administrator by holders of floating charges- where there are competing security rights, who has priority?
A guarantee is an undertaking to answer for the payment of another’s debt or the performance of anot...Read more
Enforcement of Guarantees; Is the Lender Obligated to Pursue the Principal Debtor first?
A guarantee is an undertaking to answer for the payment of another’s debt or the performance of anot...Read more
Member’s Voluntary Liquidation of Companies and Limited Liability Partnerships in Kenya.
Liquidation in simple language is simply closing down/ killing off or winding up a business. In lega...Read more
Of the Company, by the Administrator, for the Creditors" – a commentary of the High Court Rulings dated 6th January 2023 in the Cytonn Administration proceedings
Over the past few years, holders of debentures executed pre – 2015 have at the point of enforcing th...Read more
To appoint a Receiver or an Administrator – the conundrum with Debentures executed pre-2015
Over the past few years, holders of debentures executed pre – 2015 have at the point of enforcing th...Read more
Corporate Insolvency: Administration-Death by a Thousand Cuts OR Corporate Rescue Measure?
An Administration Order can only be granted by the Insolvency Court once the conditions under Sectio...Read more
The Duties of Directors in a Financially Distressed or Insolvent Company in Kenya
As therein indicated, under section 143 of the Companies Act, a director must act in the way which h...Read more
Directors' Duties where a Company is in Financial Difficulties or Insolvent
Where a company is in financial difficulties or otherwise insolvent, the director’s duty shifts to t...Read more
Financial distress not a sufficient reason for grant of an Administration Order; an exposition of Section 531 of the Insolvency Act, 2015
The Insolvency Act, 2015 (hereinafter referred to as “the Act) introduced the option of placement of...Read more
PRE-INSOLVENCY MORATORIUM The Stopgap Solution for Financially Distressed Companies
The existence of any business depends on how best it is managed, and the strategies put in place to ...Read more
What Alternatives are there to Bankruptcy?
Bankruptcy simply refers to the condition of a person who is unable to pay his/her debts as and when...Read more
Prejudicial Dispositions: Remedies Available to Creditors as a Result of Prejudicial Dispositions By Debtors
What are Prejudicial Dispositions? This refers to a disposition of land either by sale, charge, tran...Read more
The Place of Insolvency Proceedings in Debt Recovery
A company is considered insolvent when it is unable to pay its debts when they fall due or when it i...Read more
Our Legal Experts
Meet the specialized professionals in our Debt Recovery, Restructuring & Insolvency unit

Contact Us to Request a Consultation
×Call us on +254 716 209 673
Or email us on law@cmadvocates.com
NEED SOME HELP?
- I'M LOOKING FOR SOMEONE
-
I NEED INFORMATION ON A SPECIFIC AREA
ABCDEFIMPRST
- I WANT TO CONTACT YOU
- MAKE A PAYMENT
- SUBSCRIBE TO NEWSLETTER
IF IT'S URGENT, PLEASE
CALL +254 716 209 673