CROSS-BORDER CREDITOR SERVICES

Cross-Border Insolvency & Asset Recovery – Holding International Companies Accountable

Have you been told a company has “no funds” — while its parent company still operates abroad?.

In complex cross-border insolvency cases, it’s common for a local subsidiary to go into liquidation while the parent company remains active in another country. Creditors, consumers, or investors are often told there’s “nothing to claim” — but this is not always true.

At Quaerens, we work with appointed legal professionals to investigate these structures and help clients recover what they are owed, even across national borders.

What Is a Cross-Border Insolvency?

This occurs when:

• A company in one country is declared insolvent – A business legally enters bankruptcy or liquidation in its home jurisdiction due to unpaid debts.
• The parent company is active and asset-rich elsewhere – While the local entity collapses, related companies or the corporate group may still operate profitably in other countries.
• Creditors are told there are no assets despite operations abroad – Creditors may be misled or blocked from pursuing cross-border assets, even though the broader group holds valuable resources.

Who Might Be Affected?

• Creditors of bankrupt companies in cross-border groups – Those owed money by a company that is part of an international structure may struggle to recover debts if assets are shifted abroad.
• Consumers or investors left behind in sudden collapses – Individuals who prepaid for services or invested in companies that abruptly shut down may lose access to refunds or compensation.
• Parties in disputes where jurisdiction is unclear – Legal uncertainty can arise when it's not clear which country’s court has authority over an international insolvency case.
• Anyone told “no funds are available” despite signs of group abuse – If you're told a company has no money, but the wider group appears profitable, there may be grounds to challenge this through cross-border legal action.

What Are Your Rights?

• Regulation (EU) 2015/848 – This law provides a framework for cooperation between EU courts and insolvency practitioners when an insolvent company has assets or creditors in more than one EU country.
• Piercing the corporate veil – In certain cases under national company law, courts can look beyond the company’s legal identity to hold parent companies or individuals liable for abuse of the corporate structure.
• Fraudulent trading laws – Directors and officers can be held personally liable if they knowingly allowed the company to continue trading while insolvent or intended to defraud creditors.
• Group liability and consumer law – If multiple companies in a corporate group acted in concert or shared branding and control, they may be held jointly responsible under consumer protection and unfair trading laws.

Example Scenarios We Handle

• ✅ EU investor defrauded via a foreign property firm – We assist clients who invested in real estate or holiday properties abroad, only to discover the company was fraudulent, dissolved, or part of a complex corporate setup designed to avoid liability.
• ✅ Subsidiary collapses while parent trades on – When a local branch files for insolvency but the parent company continues to operate profitably elsewhere, we help creditors pursue claims up the corporate chain.
• ✅ Identical brands operating in multiple jurisdictions post-liquidation – If a company is liquidated but continues operating under the same name or branding in another country, we investigate group liability and brand abuse to support creditor recovery.

How Quaerens Helps

✅ Analyse structures, track assets – We investigate group relationships, hidden ownership, and offshore links to identify where assets are held and who controls them.

✅ Challenge artificial insolvency positions – If a company claims to be insolvent while assets or operations continue abroad, we help contest this through legal and financial analysis.

✅ Coordinate legal actions across borders – We work with international legal professionals to launch claims in the appropriate jurisdictions, ensuring creditors aren't limited by borders.

✅ Support enforcement and recovery strategy – From court orders to asset seizure, we assist in executing judgments and maximising recovery through structured legal follow-up.

Think You've Been Left Behind? Contact Quaerens.
If you’ve been told “there’s no money left” — but suspect the real story is more complex — contact Quaerens today. We will evaluate your situation with the help of our appointed professionals and help you explore every available path to recovery.