Hello, I hope you may be able to help.
I was the director of a company, the company went into a court appointed liquidation.
The liquidator has commenced an insolvent trading claim against me; this claim is based on the presumption of insolvency (alleging we did not keep sufficient records).
The Liquidator has also commenced action to recover a director related payment.
I notified the liquidator via the RATA and verbally at the interview that my unsecured loan to the company as of the most recent YE financial statements was in excess of $1.5 Million.
Prior to commencing this action against me the liquidator did not acknowledged my claim of $1.5 Million.
I did not write to the liquidator prior to being served court documents, asking them to recognize the debt as I thought the RATA and the Y/E financial statements would suffice.
What steps should now I take to have the liquidator acknowledge my claim? Should I commence separate court action to have the court acknowledge my claim against the company.
Was I required to write to the liquidator notifying him of my claim in order for him to accept my claim?
Also, from the Insolvency report I am clearly over 70% of the provable claims against the company.
Can I call a creditor meeting and make an offer to settle now the liquidator has already commenced an action against me? If I can, how do i ensure the liquidator accepts my legitimate provable claim?
Thank you.
I was the director of a company, the company went into a court appointed liquidation.
The liquidator has commenced an insolvent trading claim against me; this claim is based on the presumption of insolvency (alleging we did not keep sufficient records).
The Liquidator has also commenced action to recover a director related payment.
I notified the liquidator via the RATA and verbally at the interview that my unsecured loan to the company as of the most recent YE financial statements was in excess of $1.5 Million.
Prior to commencing this action against me the liquidator did not acknowledged my claim of $1.5 Million.
I did not write to the liquidator prior to being served court documents, asking them to recognize the debt as I thought the RATA and the Y/E financial statements would suffice.
What steps should now I take to have the liquidator acknowledge my claim? Should I commence separate court action to have the court acknowledge my claim against the company.
Was I required to write to the liquidator notifying him of my claim in order for him to accept my claim?
Also, from the Insolvency report I am clearly over 70% of the provable claims against the company.
Can I call a creditor meeting and make an offer to settle now the liquidator has already commenced an action against me? If I can, how do i ensure the liquidator accepts my legitimate provable claim?
Thank you.
