Caroline Clark#897

Caroline Clark

Caroline Clark's insolvency career began over 30 years ago and includes senior responsibility for a portfolio of cases as well as regulatory experience working for the Joint Insolvency Monitoring Unit and national responsibility for compliance and technical matters working for major UK practices. Caroline is now a director of RMCSC, giving high quality insolvency compliance and management advice. As well as being a qualified insolvency practitioner Caroline has an MBA. This, together with experience outside the insolvency profession means that Caroline is qualified to advise about strategic and operational management as well as insolvency. Caroline is also a member of Mensa. Caroline has experience in most areas of personal and corporate insolvency but areas of particular interest include:- Compliance with statute and the principles of best practice including SIPs Strategy, systems and policies Risk analysis Complaints Progress reports Remuneration Regulation and fee estimates The practical and commercial application of legal and regulatory insolvency requirements Conflicts of interest
Contributed to

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A commercial tenant is in arrears of rent (since the start of the coronavirus (COVID-19 pandemic) and a
A commercial tenant is in arrears of rent (since the start of the coronavirus (COVID-19 pandemic) and a
Q&A

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

A company has loaned money to another group company which is not repayable for ten years. If the company
A company has loaned money to another group company which is not repayable for ten years. If the company
Q&A

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.

An individual has been made bankrupt, and as usual the case is passed over to the Official Receiver in
An individual has been made bankrupt, and as usual the case is passed over to the Official Receiver in
Q&A

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.

Are there any sanctions for a trustee in bankruptcy failing to deliver a copy of the progress report to
Are there any sanctions for a trustee in bankruptcy failing to deliver a copy of the progress report to
Q&A

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).

Before a general meeting (GM) to remove the directors, they put the company into voluntary
Before a general meeting (GM) to remove the directors, they put the company into voluntary
Q&A

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.

Can a creditor claim from a debtor company the costs of drafting, preparing and serving both a statutory
Can a creditor claim from a debtor company the costs of drafting, preparing and serving both a statutory
Q&A

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.

Can a statutory demand be served on a debtor in England and Wales in respect of a money judgment made in
Can a statutory demand be served on a debtor in England and Wales in respect of a money judgment made in
Q&A

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

Could a clause in a share purchase agreement that states ‘Nothing in the SPA applies to exclude or limit
Could a clause in a share purchase agreement that states ‘Nothing in the SPA applies to exclude or limit
Q&A

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.

Does a trustee have the power to enter into agreements on behalf of the bankrupt and, if so, does it
Does a trustee have the power to enter into agreements on behalf of the bankrupt and, if so, does it
Q&A

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.

Does putting a company into a formal insolvency process avoid debts of the company being paid?
Does putting a company into a formal insolvency process avoid debts of the company being paid?
Q&A

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

Does the equity of exoneration apply to a spousal family home where the bankrupt is the sole registered
Does the equity of exoneration apply to a spousal family home where the bankrupt is the sole registered
Q&A

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.

Does the right to bring a claim against a third party still remain vested with an individual who has
Does the right to bring a claim against a third party still remain vested with an individual who has
Q&A

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).

How do you serve a statutory demand on a person with mental disability?
How do you serve a statutory demand on a person with mental disability?
Q&A

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

If a company in administration has sold its assets and business to the directors of that company, do they
If a company in administration has sold its assets and business to the directors of that company, do they
Q&A

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.

If a liquidator's fees have been authorised by creditors (no committee) on a time cost basis in
If a liquidator's fees have been authorised by creditors (no committee) on a time cost basis in
Q&A

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

If a mortgagee takes possession prior to an interim administration moratorium taking effect, is the
If a mortgagee takes possession prior to an interim administration moratorium taking effect, is the
Q&A

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

If a solicitor acting under a conditional fee agreement suspects that their client is soon to be made
If a solicitor acting under a conditional fee agreement suspects that their client is soon to be made
Q&A

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).

If HMRC has a controlled goods agreement in respect of a company's assets, what happens if an
If HMRC has a controlled goods agreement in respect of a company's assets, what happens if an
Q&A

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

If land, an asset of a company in member’s voluntary liquidation (MVL), which was due to be distributed
If land, an asset of a company in member’s voluntary liquidation (MVL), which was due to be distributed
Q&A

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.

Practice Area

Panels

  • Other Publications
  • Q&A Panel

Education

  • Birmingham University
  • JIEB
  • The Queen's School, Chester

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