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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In a company which had a ‘multi-employer’ pension scheme, the administrators are willing to admit the
In a company which had a ‘multi-employer’ pension scheme, the administrators are willing to admit the
Q&A

This Q&A considers the effect of a ‘multi-employer’ scheme on the ability of the company’s administrators accepting a latter Pension Protection Fund’s claim for the total of the deficit.

In circumstances where a debtor’s income has been excluded from the individual voluntary agreement (IVA)
In circumstances where a debtor’s income has been excluded from the individual voluntary agreement (IVA)
Q&A

This Q&A considers whether a potential payment from a debtor’s employer for breach of contract and unfair dismissal claim would count as a windfall in circumstances where a debtor’s income has been excluded from the individual voluntary agreement (IVA) since the IVA’s basis is a third party lump sum contribution in full and final settlement of the debts.

Is a default costs certificate made after a person’s discharge from bankruptcy enforceable against that
Is a default costs certificate made after a person’s discharge from bankruptcy enforceable against that
Q&A

This Q&A considers the enforceability of a default costs certificate where the bankruptcy has been discharged and the costs certificate was ordered at a date after the date of the bankruptcy discharge.

Is it acceptable for a liquidator and the only creditor in an insolvency situation to be represented by
Is it acceptable for a liquidator and the only creditor in an insolvency situation to be represented by
Q&A

This Q&A considers whether it is acceptable for a liquidator and the only creditor in an insolvency situation to be represented by the same solicitor?

Is it possible to lend to a company currently undergoing a CVA?
Is it possible to lend to a company currently undergoing a CVA?
Q&A

This Q&A considers whether it is possible to lend to a company currently undergoing a CVA.

Is the official receiver entitled to 15% of the ‘assets realised’ if the only asset is cash (and
Is the official receiver entitled to 15% of the ‘assets realised’ if the only asset is cash (and
Q&A

This Q&A considers whether the official receiver is entitled to 15% of the ‘assets realised’ if the only asset is cash under Schedule 1 of the Insolvency Proceedings (Fees) Order 2016, SI 2016/692 fees payable in insolvency proceedings.

Is there a right of set-off for a company in a company voluntary arrangement?
Is there a right of set-off for a company in a company voluntary arrangement?
Q&A

This Q&A considers whether there is a right of set-off for a company in a company voluntary arrangement.

On the filing of a notice of intention to appoint administrators (NOI) by the company or its directors,
On the filing of a notice of intention to appoint administrators (NOI) by the company or its directors,
Q&A

This Q&A considers the effects an interim moratorium on claims that have been commenced against the company prior to the filing of the notice of intention to appoint administrators (NOI) by the company or its directors.

The appointment of administrators by a qualifying floating charge holder (QFCH) suspends a pending
The appointment of administrators by a qualifying floating charge holder (QFCH) suspends a pending
Q&A

This Q&A considers the appointment of administrators by a qualifying floating charge holder (QFCH) which suspends a pending winding up petition, in particular what the status of the administrator’s appointment would be where the appointing QFCH was granted their charge while the company was subject to a pending petition (and section 127 of the Insolvency Act 1986 (IA 1986) potentially applies) in the following scenarios: while in office and once the administration ceased and the winding up petition was reinstated—assuming a WO was subsequently made on it.

The definition of ‘Capital Market Investment’ in paragraph 2(1) of Schedule 2A to the Insolvency Act 1986
The definition of ‘Capital Market Investment’ in paragraph 2(1) of Schedule 2A to the Insolvency Act 1986
Q&A

This Q&A considers the scope of the capital markets exception to the prohibition on appointing administrative receivers under IA 1986, Sch 2A, para 1.

The EU Insolvency regulation does not recognise debt relief orders (DROs) granted under Part 7A of the
The EU Insolvency regulation does not recognise debt relief orders (DROs) granted under Part 7A of the
Q&A

This Q&A considers what steps an EU creditor could take to enforce their debt in the UK where the debtor remains in the UK.

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only
The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only
Q&A

This Q&A considers whether an administrator pursuing office-holder claims—such that any recoveries will not be caught by any security—can convert the administration to a creditors’ voluntary liquidation where secured creditors will not be paid in full or at all.

Under rule 22.4 of the Insolvency (England and Wales) Rules 2016, is it possible for a director of
Under rule 22.4 of the Insolvency (England and Wales) Rules 2016, is it possible for a director of
Q&A

This Q&A considers whether a company is able to give notice of an intention to act in contravention of IA 1986, s 216.

We need to place a company into members’ voluntary liquidation. Some of the directors are overseas; do we
We need to place a company into members’ voluntary liquidation. Some of the directors are overseas; do we
Q&A

This Q&A considers the requirements for getting a statutory declaration sworn by directors resident overseas in connection with an MVL.

What considerations should practitioners be taking into account when deciding whether or not the
What considerations should practitioners be taking into account when deciding whether or not the
Q&A

This Q&A discusses the considerations that practitioners should take into account when deciding whether or not the provisions on ipso facto clauses introduced by the Corporate Insolvency and Governance Act 2020 apply to IP licences.

What documents must be served on a debtor in bankruptcy when an order is granted for substituted service
What documents must be served on a debtor in bankruptcy when an order is granted for substituted service
Q&A

This Q&A considers what documents must be served on a debtor in bankruptcy when an order is granted for substituted service of a petition.

What is the appropriate legal route to re-appoint the liquidator of a dissolved company, where the
What is the appropriate legal route to re-appoint the liquidator of a dissolved company, where the
Q&A

This Q&A considers the appropriate legal route to re-appoint the liquidator of a dissolved company where the company is to be restored to a state of compulsory liquidation.

What rights does a creditor have in a members’ voluntary liquidation if their claim is rejected by the
What rights does a creditor have in a members’ voluntary liquidation if their claim is rejected by the
Q&A

This Q&A considers the rights a creditor has in an MVL if their claim is rejected by the liquidator.

When transferring registered land from previous trustees to new trustees (within the same trust) which
When transferring registered land from previous trustees to new trustees (within the same trust) which
Q&A

This Q&A discusses when a transaction at an undervalue of the provisions of the IA 1986 will apply.

Where a company has entered into a company voluntary arrangement (CVA), will a disposal of land owned by
Where a company has entered into a company voluntary arrangement (CVA), will a disposal of land owned by
Q&A

The Q&A considers whether a company which is subject to a company voluntary arrangement can validly dispose of land owned by the company.

Practice Area

Panels

  • Other Publications
  • Q&A Panel

Education

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

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