Monica Kapur

Restructuring Specialist

Monica is a recommended solicitor in the 2014 & 2015 edition of the Legal 500

Monica advises on all aspects of personal insolvency matters. She specialises in dealing and 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.

Monica acts for lenders, borrowers, company directors and insolvency practitioners on a wide range of business recovery, turnaround and insolvency matters

Personal insolvency

  • Monica advises on the issuing of and challenging of statutory demands as a method of recovering undisputed sums from individuals.
  • Advises on issuing and drafting bankruptcy/winding up petitions and the implications of these enforcement procedures.
  • Advises on and prepares applications for possession and sale of a bankrupt’s property 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.
  • Acts on applications for suspension of discharge where a bankrupt is non-cooperative.
  • Advises 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.
  • Advises in respect of transactions at an undervalue and acts on applications to court to restore the position.
  • Advises on preference claims where the bankrupt has made payments to parties prior to bankruptcy. Acts on applications to recover the monies from the parties in receipt of preference payments.
  • Advises on, acts on and defends equity of exoneration claims.
  • Drafting applications to Court for directions and conducts and carries out private examinations.
  • Specialises in asset recovery to include fraud and tracing claims.
  • Advises on, acts on and defends equitable accounting claims from parties claiming a greater interest in the property due to factors other than registered title. Advises on the principles involved with assessing such claims.
  • Advises on annulment of bankruptcy when a bankrupt intends to settle all the debts, costs and expenses of their bankruptcy or where a bankruptcy order ought not to have been made.
  • Advises 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
  • Advises on all aspects of wrongful trading, misfeasance and preference transactions when a company is in liquidation.
  • Acted 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.
  • Advises on Asset recovery in relation to locating assets from Switzerland and France. This includes mortgage fraud recoveries and tracing claims outside the jurisdiction and recovery of assets.
  • Assists with applications to seek a Charging Order pursuant to section 313 of the Insolvency Act 1986.
  • Advises insolvency practitioners and issues Block Transfer Applications;
  • Preparing Deeds of Assignment of beneficial interest in a property and lodging restriction applications.
  • Recovery of book debts due to individuals (including members of a partnership) subject to a bankruptcy order and book debts due to companies or partnerships against which a winding up order has been made.

 

Corporate Insolvency

  • Advises 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
  • Advises on all aspects of wrongful trading, misfeasance and preference transactions when a company is in liquidation.
  • Preparing and defending administration applications and seeking out of court appointments of administrators.
  • Acting on behalf of administrators in relation to the sale of business and assets of companies in administration; and
  • Issuing and advising in connection with winding up petitions to include injunction applications to restrain the presentation of and advertisement of a winding up petition

 

Recent Experience

  • 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.

Monica teamed up with the Law Society to take part in their Brand Campaign for 2017. Monica featured in a three part video campaign around why she became a solicitor; what it means to be one; and how she successfully helped a client. Watch the videos through the links below:

In 2008, Monica was named as one of the faces of the Duke of Edinburgh award having herself achieved the Bronze, Silver and Gold Awards.

Previous Law Firms & Businesses

  • Wright Hassall LLP
  • Shoosmiths

 

Memberships

  • 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

 

Education

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.

Recent awards