St Philips Chambers

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Amit Gupta of St Philips Chambers, looks at the process for a bankrupt to apply for their suspension from discharge to be lifted under rule 10.143 of the Insolvency (England and Wales) Rules 2016, and the factors that the court will take into account when considering such an application.

This Practice Note, produced in partnership with Lydia Pemberton of 3PB, sets out what bankruptcy restrictions undertakings (BRUs) are as alternative to bankruptcy restrictions orders, and summarises when and how BRUs are used in practice.

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Lydia Pemberton of 3PB, considers what effect a bankruptcy restrictions order (BRO) has on an individual, how long a BRO may last for, and how a BRO ceases to have effect.

This Practice Note, produced in partnership with Ali Tabari of St Philips Chambers, is one of a series of Practice Notes, and describes Part 1 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 in relation to interpretation. This Practice Note summarises what changes to procedure and practice will apply to interpretation following the coming into force of the new rules on 6 April 2017, and also identifies where there are no changes to pre-commencement practice and procedure other than new rule numbers. This Practice Note has been archived and is not maintained.

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note, produced in partnership with Ali Tabari of St Philips Chambers, is one of a series of Practice Notes, and describes Part 10 of the Insolvency (England and Wales) Rules 2016, SI 2016/1024 in relation to bankruptcy. This Practice Note summarises what changes to procedure and practice will apply to bankruptcy following the coming into force of the new rules on 6 April 2017, and also identifies where there are no changes to pre-commencement practice and procedure other than new rule numbers.

This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at the moratorium, or stay, that exists in a company administration, the purpose of the moratorium, when it applies, its scope and effect, how to proceed when it is in place, and the factors the court will take into account when faced with an application to lift it. When a company is put into administration there is an automatic stay on the execution or institution of legal process without consent of the administrator or leave of the court. This note looks at the issues surrounding this.

This Practice Note, amended in light of the Insolvency (England and Wales) Rules 2016 by Amit Gupta of St Philips Chambers, looks at the 'three-year rule' applicable to bankruptcy cases involving the bankrupt’s main place of residence, which arises under section 283A of the Insolvency Act 1986 and is one of the most important deadlines facing a trustee in bankruptcy.

This Practice Note, produced in partnership with Kate Rogers of Radcliffe Chambers, looks at the circumstances in which a debtor company may—or may not—be wound up where the petition debt is disputed on genuine and substantial grounds. Such circumstances include where the debtor company has a counterclaim or cross-claim against the petitioning creditor, and where the debtor is balance sheet solvent but cash flow insolvent.