Matthew Kelly

Recent Work

• Advising administrators on realisation strategies for incomplete building projects complicated by various competing proprietary and secured interests.
• Appointment of administrators and applications to extend administration terms.
• Advising on the validity and implications of security in insolvent estates.
• Re J & R Builders (Norwich) Limited (in liquidation); Lannagan & Pearson v Kean & Others [2019].  Successful claims against directors, members and a connected company, establishing preferences and misfeasance.
• Re Pappy Ltd (in liquidation); Hunt v Brighouse [2018] BPIR 1451. Successful claim against a director for manipulating director’s loan account and inter-company balances to prefer himself.
• Re Sports Management Group Ltd (in Liquidation); Green v Marston and Lochner [2016] All ER (D) 208 (May). Established de facto directorship, despite the relevant individual not being an authorised signatory or having direct access to the company’s bank account.
• Green v Austin [2014] BPIR 1176. Setting aside a matrimonial Consent Order approved by the Court pre-bankruptcy in ancillary relief proceedings.
• Acting for the administrator of a deceased insolvent estate, successfully challenging trusts and property transfers on the basis of shams and transactions defrauding creditors.
• Various claims involving transactions at undervalue, preferences, misfeasance, unlawful dividends and overdrawn director’s loan accounts.
• Applications for the restoration of dissolved companies to the Register of Companies by Court Order, often involving the reappointment of office-holders.
• Petitioning for Winding-up Orders, Bankruptcy Orders and Deceased Persons Insolvency Administration Orders.