Enterprise Chambers

This Practice Note, produced in partnership with Christopher Brockman of Enterprise Chambers, explains when a general assignment of book debts by a bankrupt prior to their bankruptcy is invalid.

This Practice Note, produced in partnership with Carolyn Jones, consultant, and updated by Zachary Bredemear of Enterprise Chambers looks at the ability of a liquidator to disclaim a contract containing overage provisions. It provides a brief summary of what overage is, the disclaimer of onerous property by a liquidator, whether overage can be considered ‘onerous property’ so that it is something that a liquidator can disclaim and the practical effects of disclaiming a contract that provides for overage.

This Practice Note, produced in partnership with Christopher Brockman of Enterprise Chambers, looks at the appointment of a provisional liquidator under section 135 of the Insolvency Act 1986. This Practice Note considers when and how to apply for the appointment of a provisional liquidator and looks at related matters such as the remuneration of the provisional liquidator.

This Practice Note, produced in partnership with Christopher Brockman of Enterprise Chambers, gives guidance as to requirement of professional advisors to deliver up the books and records of a company in liquidation or a bankrupt to the official receiver or liquidator where, in the absence of an insolvency procedure, there would be an enforceable lien.

This is a Precedent application notice, produced in partnership with Christopher Brockman of Enterprise Chambers, for an application by a liquidator or administrator under sections 213 or 246ZA of the Insolvency Act 1986 (IA 1986) for a declaration that the respondent has engaged in fraudulent trading and an order that the respondent is liable to make a contribution towards the company’s assets. Although fraudulent trading is also a criminal offence under section 993 of the Companies Act 2006, this precedent application notice only deals with the IA 1986 claim.

This Precedent, produced in partnership with Christopher Brockman of Enterprise Chambers, is a draft application notice for use in an application to court made pursuant to section 127 of the Insolvency Act 1986 for a validation order in circumstances where any disposition of the company’s property after presentation against it of a winding-up petition would otherwise be void. It deals with both an order allowing payments to be made by the company in the ordinary course of its business, as well as an order permitting the sale of a specific property. It can be used (subject to appropriate modifications) to deal with both prospective—as well as retrospective—dispositions of the company’s property.

This Precedent, produced in partnership with Christopher Brockman and Claire Thompson of Enterprise Chambers, is a draft application notice seeking a declaration that a transaction is void under section 284 of the Insolvency Act 1986.

This Precedent, produced in partnership with Christopher Brockman and Claire Thompson of Enterprise Chambers, is for use by a petitioning creditor when giving notice of the presentation of a winding-up petition in the Gazette as required by rule 7.10 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024. Giving notice of the presentation of a winding-up petition in the Gazette is a key part of the compulsory winding-up process as it gives notice to other creditors that a winding-up petition has been presented against the debtor company.

This Precedent draft order is for the appointment of a provisional liquidator under section 135 of the insolvency Act 1986 and sets out the common terms upon which the provisional liquidator is appointed, including the powers granted to the provisional liquidator. A provisional liquidator is appointed either before the company is wound up by the court, or the winding-up petition has been heard or dealt with, usually in circumstances where urgent steps are required to take control of the company and secure its assets until the appointment of a liquidator following the making of a winding-up order. This Precedent is produced in partnership with Christopher Brockman of Enterprise Chambers.