Insolvency for dispute resolution practitioners

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Insolvency for dispute resolution practitioners guidance:

Before the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must be taken to comply with the procedural requirements set out in...

Practice Note

Grounds to challenge an individual voluntary arrangement An application can be made to challenge the approval of an individual voluntary arrangement (IVA) on one or both...

Practice Note

Grounds to challenge the company voluntary arrangement An application can be made to challenge the approval of a company voluntary arrangement (CVA) on one or both of two...

Practice Note

This Practice Note sets out the position from 6 April 2017. It does not necessarily reflect the position pre–6 April 2017. Drafting and serving a statutory demand This...

Practice Note

This Practice Note refers to the Insolvency Act 1986 as IA 1986. Note This table provides a summary of the key corporate insolvency processes from a dispute resolution...

Practice Note

Note This table provides a summary of individual personal and debt management processes from a dispute resolution perspective. Name of processNature of processEffect on...

Practice Note

This Practice Note refers to the Insolvency Act 1986 as IA 1986. Note This Practice Note contains a summary of the key points relating to administration from a dispute...

Practice Note

This Practice Note refers to the Insolvency Act 1986 as IA 1986. Note This guide is a summary of company voluntary arrangements (CVAs) and their impact on legal...

Practice Note

This Practice Note contains a summary of the key points relating to compulsory liquidation from the perspective of a dispute resolution practitioner. What is compulsory...

Practice Note

Note This Practice Note is a summary of the key points relating to a creditors' voluntary liquidation (CVL) from a dispute resolution perspective. What is a CVL? A CVL is...

Practice Note

This Practice Note is a summary of the key points relating to a members' voluntary liquidation (MVL) from a dispute resolution perspective. What is a MVL? A MVL is a...

Practice Note

This Practice Note refers to: • the Insolvency Act 1986 as IA 1986 • the Law of Property Act 1925 as LPA 1925 • the Senior Courts Act 1981 as SCA 1981 • the Enterprise...

Practice Note

This Practice Note refers to: • the Insolvency Act 1986 as IA 1986, and • the Companies Act 2006 as CA 2006 Note This guide is a summary of schemes of arrangement and...

Practice Note

Bankruptcy in England and Wales is a process by which the court or the bankruptcy adjudicator adjudicates an individual bankrupt by making a bankruptcy order. While a...

Practice Note

Introduction Part 5 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007) introduced new regimes for debt management and relief, although not all of them have...

Practice Note

Conditions for making a bankruptcy order When hearing a bankruptcy petition and deciding whether a bankruptcy order should be made, the court needs to be satisfied that...

Practice Note

When either a company or an individual is served with a statutory demand, the warning bells should be ringing, as failure to act on that demand within 21 days (for...

Practice Note

The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an administrator on...

Practice Note

This glossary explains many of the terms commonly used in the restructuring & insolvency market. Terms contained in the definitions themselves that are in bold are...

Practice Note

Once the bankruptcy petition and supporting documents have been presented (or issued) at court, the first step the petitioning creditor will need to take is to effect...

Practice Note

Bankruptcy in England and Wales is the process whereby an individual is found to be insolvent, and that they should enter a formal process allowing the assets comprising...

Practice Note

This Practice Note is a summary of bankruptcy and its impact on legal proceedings from a dispute resolution perspective. What is bankruptcy? Bankruptcy is an insolvency...

Practice Note

This Practice Note contains a summary of individual voluntary arrangements (IVAs) and their impact on legal proceedings from a dispute resolution perspective. What is an...

Practice Note

The purpose of a bankruptcy order is two-fold: • firstly, it is to secure the bankrupt's estate for the benefit of the bankrupt's creditors so that it can be realised to...

Practice Note

The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the business. This...

Practice Note

General duties of the trustee in bankruptcy The main function and duty of a trustee in bankruptcy (trustee) is to get in, realise and distribute the bankrupt's estate in...

Practice Note