"Monica is an outstanding and talented individual who consistently demonstrates the highest standards of professionalism. She has a natural, engaging style which, added to her undoubted technical ability, allows her to effectively communicate at all levels.”
What she’s best at:
Monica is a recommended solicitor in the 2014 & 2015 edition of the Legal 500.
She has experience across all areas of personal insolvency matters, with a specialist expertise in advising Insolvency Practitioners, debtors and creditors on a variety of matters, in relation to technical contentious insolvency issues.
Monica advises on issuing and defending statutory demands, bankruptcy petitions and winding-up petitions, preference claims, transactions at an undervalue claims, breach of directors duties claims (including misfeasance and wrongful trading), exceptional circumstances, equity of exoneration claims and private examinations.
Monica also advises on individual and creditors’ voluntary arrangements, urgent injunctive relief including freezing orders, asset recovery both in the UK and outside the jurisdiction, complex annulments and applications for possession and sale.
Who she works for:
Monica acts for lenders, borrowers, company directors and insolvency practitioners on a wide range of business recovery, turnaround and insolvency matters.
"Monica is an outstanding and talented individual who consistently demonstrates the highest standards of professionalism. She is passionate about her profession and her city and is truly one of our rising stars within Birmingham. She is highly regarded by other professional services particularly in respect of her care of and relationship with clients. She is a brilliant networker and is obviously a prize asset to her firm in particular and the legal sector in general. She has a natural, engaging style which, added to her undoubted technical ability, allows her to effectively communicate at all levels.” Yorkshire Bank
"In the face of significant pressure from a very determined and persistent third party, and having previously been unable to resolve matters using another law firm, I contacted gunnercooke LLP for advice. I was initially contacted by Alyson Reilly, who took the time to understand the situation and to work through the issues in order to provide a robust response with support from Monica Kapur, a Partner at the firm.
Both Alyson and Monica were incredibly thorough in their approach, and after a series of strong communications, were able to draw matters to a successful conclusion on my part. Their approach was fair, understanding and very reasonable with an exceptionally high level of service. I'm so pleased I chose gunnercooke LLP to support me through this issue, and cannot rate Alyson Reilly and Monica Kapur highly enough." Paul Bulloch
- Monica advises on the issuing of and challenging of statutory demands as a method of recovering undisputed sums from individuals.
- Advice on issuing and drafting bankruptcy/winding up petitions and the implications of these enforcement procedures.
- Advice and preparation of applications for possession and sale of the property of a bankrupt individual, in order to realise the trustee in bankruptcy’s interest, in addition to issuing warrants for eviction. Monica is also able to advise on recovering and realising assets which are outside of the jurisdiction.
- Acting on applications for suspension of discharge where a bankrupt individual is non-cooperative.
- Advising on Income Payment Agreements (IPAs) and applications to court to obtain Income Payment Orders (IPOs), to recover monies from a bankrupt’s surplus income. Monica also advises on amending IPA/IPOs to ensure that payments are taken directly from employer on payment of salary.
- Advising in respect of transactions at an undervalue and acting on applications to court to restore the position.
- Advising on preference claims where the bankrupt individual has made payments to parties prior to bankruptcy. Acting on applications to recover the monies from the parties in receipt of preference payments.
- Advising on, acting on and defending equity of exoneration claims.
- Drafting applications to Court for directions and conducts and carries out private examinations.
- Specialising in asset recovery to include fraud and tracing claims.
- Advising on, acting on and defending equitable accounting claims from parties claiming a greater interest in the property due to factors other than registered title. Advising on the principles involved with assessing such claims.
- Advising on annulment of bankruptcy when a bankrupt individual intends to settle all the debts, costs and expenses of their bankruptcy or where a bankruptcy order ought not to have been made.
- Advising creditors on the procedure for recovering monies from companies and prepares applications on behalf of creditors to wind up a company that is unable to pay its debts
- Advising on all aspects of wrongful trading, misfeasance and preference transactions when a company is in liquidation.
- Acting for a trustee in bankruptcy in relation to a freezing order over a bankrupt’s assets outside the jurisdiction and subsequent asset recovery abroad to include variation of freezing orders.
- Advising on Asset recovery in relation to locating assets from Switzerland and France. This included mortgage fraud recoveries and tracing claims outside the jurisdiction and recovery of assets.
- Assisted with applications to seek a Charging Order pursuant to section 313 of the Insolvency Act 1986.
- Advised insolvency practitioners and issued Block Transfer Applications;
- Prepared Deeds of Assignment of beneficial interest in a property and lodging restriction applications.
- Recovered book debts owed to individuals (including members of a partnership) subject to a bankruptcy order and book debts owed to companies or partnerships against which a winding up order has been made.
- Advised creditors on the procedure for recovering monies from companies and prepared applications on behalf of creditors to wind up a company that is unable to pay its debts.
- Advised on all aspects of wrongful trading, misfeasance and preference transactions when a company is in liquidation.
- Prepared and defended administration applications and sought out of court appointment of administrators.
- Acted on behalf of administrators in relation to the sale of business and assets of companies in administration; and
- Issued and advised in connection with winding up petitions to include injunction applications to restrain the presentation of and advertisement of a winding up petition.
- Acted for a trustee in bankruptcy in relation to a freezing order over a bankrupt’s assets outside the jurisdiction.
- Asset recovery and advice in relation to locating assets from Switzerland and France. This included mortgage fraud recoveries and tracing claims outside the jurisdiction and recovery of assets.
Previous Law Firms & Businesses:
- Wright Hassall LLP
- Monica is a Member of Association of Business Recovery Professionals (R3) and Committee Member for West Midlands of R3 Women’s Group
- Council Member of the Birmingham Law Society
- Member of the Birmingham Law Society Education and Trainee Committee
- Member of the Birmingham City University Advisory Board
- Student Mentor, University of Law, Birmingham
Monica studied Law at the University of Wales achieving an LLB (Hons) degree in 2002. She continued her education at the University of Law, Birmingham (formerly college of law) and qualified as a solicitor in 2006.
She is also a visiting lecturer at the University of Law, Birmingham.