Caroline Clark

This Q&A considers whether, where the guarantor settled the arrears, the guarantor can petition the tenant under the indemnity.

This Q&A considers whether an administrator or liquidator can be repaid earlier if a company which has loaned money for a ten-year term has entered an insolvency process.

This Q&A considers the question of whether an insolvency practitioner (IP) can seek and/or accept the appointment as trustee in bankruptcy to someone who is also a debtor of that IP. The IP is, therefore, a creditor of the insolvent person and this implies a previous professional relationship between the IP and the insolvent person.

This Q&A considers sanctions for a failure to deliver a progress report to creditors under the two-month period specified in the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 18.8(6).

This Q&A considers the options for majority shareholders who do not agree with a decision to put a company into voluntary administration before a general meeting to remove the directors. It also looks at whether the shareholders can get a court injunction where they suspect directors are acting against the company’s interest.

This Q&A considers whether a creditor can claim from a debtor company the costs of drafting, preparing and serving both a statutory demand and subsequent winding-up petition.

This Q&A considers whether a creditor can prove a debt after the bar date.

This Q&A considers when a statutory demand can be served on a debtor in England and Wales.

This Q&A considers whether a particular clause in an SPA may amount to a contingent liability that could prevent the seller from placing the company into a member’s voluntary liquidation following sale.

This Q&A considers examines whether a trustee can enter into agreements on behalf of the bankrupt and if so whether it matters if the subject matter of the agreement relates to an asset or to a liability of the bankrupt estate.

This Q&A considers whether a company’s debts must still be paid when the company enters a formal insolvency process.

This Q&A considers whether the equity of exoneration applies to a spousal family home where the bankrupt is the sole registered owner of the property.

This Q&A considers a debtor’s right to bring a claim against a third party when the debtor has entered into an individual voluntary agreement (IVA).

This Q&A looks at how one may serve a statutory demand on a person with mental disability.

This Q&A considers the rights of directors, who have bought the assets and business of a company in administration, to know who the other potential purchasers were.

This Q&A considers what options are open to a liquidator who has exceeded their approved fee estimate.

This Q&A considers the impact of the interim administration moratorium on a mortgagee in possession.

This Q&A considers whether the preference for a solicitor acting under a conditional fee agreement would be for the solicitor to be paid following a hearing/mediation and following an agreement between the parties, such that the fees would have to be repaid to the trustee in bankruptcy (trustee).

This Q&A considers what happens if an administrator is appointed before a company’s assets are repossessed.

This Q&A the process of rectifying a transfer where an MVL was transferred to another company owned by the same director and if this will be questioned at a later stage under the IA 1986.