Caroline Clark

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.

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.

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.

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?

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

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.

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

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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

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

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