Clodagh MacNamara

Partner

cmacnamara@clarkhill.com

Dublin, Ireland
+353 1 661 3960

Clodagh MacNamara advises in relation to bankruptcy, restructuring, corporate insolvency and litigation matters.

Clodagh has a wealth of experience in the area of personal insolvency, bankruptcy, cross border bankruptcy. Clodagh acts for the Official Assignee in Bankruptcy and advises in relation to post-bankruptcy matters such as bankruptcy extensions applications, pensions, family home applications and asset recovery litigation.

Clodagh has been involved in complex litigation, bankruptcy and restructuring matters in the Commercial Court, Bankruptcy Court, High Court, Court of Appeal and Supreme Court. She has also advised on complex multi-million Euro restructuring matters with cross-border issues.

Clodagh also represents liquidators, receivers, examiners, directors, and shareholders in corporate restructuring, insolvency, and informal schemes of Arrangements. She has acted in examinerships, receiverships, court liquidations, creditor and members voluntary liquidations.

Practice Areas

Education

with Honors, University College Cork, Cork, Ireland, 2006, Bachelor of Civil Law and Irish (BCL GA)

Recognitions

Lecturer, Law Society of Ireland and the Insolvency Service of Ireland, on the topic of Bankruptcy Law

Memberships

Law Society of Ireland, Personal Insolvency Practitioner

Dublin Solicitors Bar Association

Restructuring & Insolvency Ireland

Dublin Chamber of Commerce

American Chamber of Commerce

State Bar Licenses

Ireland

Experience:

Commercial Litigation / General Litigation

Specialising in Commercial Litigation, advising on a wide range of contractual disputes, investment disputes, debt related issues and guarantees.
Experience in all Courts, namely District, Circuit, High Court, Court of Appeal and Supreme Court.
Extensive experience in drafting Pleadings and conducting large-scale Discovery.
Experience in acting for both Plaintiff and Defendant.

Personal Insolvency and Bankruptcy and Cross-Border Bankruptcy

Experienced in drafting Petitions and advising the Official Assignee in Bankruptcy in relation to all aspects of self-adjudication and creditor adjudication together with the various related actions that have to be taken in respect thereof, namely Bankruptcy Extension Applications, Applications regarding the Principal Private Applications pursuant to Section 57, Section 59 of the Bankruptcy Act, 1988 and the Statute of Frauds Fraudulent Transfer of Assets.
Provides expert advice to clients in relation to personal debt and restructuring options.
Experienced in fastidiously compiling Schemes of Arrangement and all Court Applications associated therein.
Attends the Bankruptcy List on a weekly basis, resulting in a comprehensive knowledge of this Court and the requirements and tendencies therein.

Restructuring and Advisory

Advising debtors in relation to their liabilities to the various financial institutions and NAMA.
Analysing Accounts, Guarantees and Statements of Affairs and drafting detailed restructuring proposals to the relevant financial institutions on their behalf.
Experience of reviewing security documentation and involvement in Debt Purchase Agreements and reviewing and drafting same.

Insolvency

Experience advising insolvency practitioners / directors in relation to members’ voluntary liquidation and creditors’ voluntary liquidation.
Contractual – advising in relation to both Court and Deed Appointed Receivers.
Detailed experience in dealing with Examinerships and representing both the Examiner and Directors of companies and adhering to stringent timeframes.
Advising Liquidators on their statutory duties, priorities in winding up, remedies, restriction, and disqualification orders.