Lucy O' Brien
Lucy is a Senior Associate and insolvency and litigation lawyer at Wedlake Bell. She conducts a variety of contentious and non-contentious insolvency matters. She deals with appointments of LPA Receivers, administrators and liquidators and advises banks and Insolvency Practitioners on the validity of their security and enforcement options.
Lucy also advises on distressed business sales including pre-packs and has experience in the recovery of assets into insolvency estates by liquidators and trustees in bankruptcy and advises in relation to recovery procedures for lenders.
She is regularly involved in general commercial litigation in the High Court and County Court, including breach of contract and professional negligence claims, together with business critical litigation such as shareholder disputes, minority shareholder petitions and guarantee claims
Practice Area
Panel
- Contributing Author
Qualified Year
- 2013
Qualifications
- LLB (2007)
- LPC (2008)
Education
- University of Reading (LLB)
- Guildford College of Law
1 Contributions by Lucy O' Brien
PRACTICE NOTES
Public examination in personal bankruptcy: OR applications, creditor compulsion, scope, participation, sanctions and alternatives (England and Wales)
Under section 15 of the Bankruptcy Act 1914 (which preceded the Insolvency Act 1986 (IA 1986)), a public examination was mandatory whenever a debtor was adjudged bankrupt. The IA 1986 provisions remove the obligation to hold a public examination in each and every case, but permit the official receiver (OR) to apply to the court for the bankrupt’s public examination before the bankrupt is fully discharged. This route is commonly taken where the bankrupt has not co-operate d with the OR, for instance by failing to fulfil his/her duty to supply the OR with an inventory of their estate or any other information the OR reasonably requires, or by failing to attend on the OR. Although a public examination is not intended as a fishing exercise, it does enable the gathering of material that will aid the OR and/or any trustee in bankruptcy (trustee) later appointed with their enquiries. An application for a public examination must be brought by the OR, though it is very frequently made at the instigation of the bankrupt’s trustee...
Restructuring & Insolvency
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