The following Restructuring & Insolvency guidance note provides comprehensive and up to date legal information covering:
The purpose of this Practice Note to is touch on some of the considerations that must be considered where someone wishes to commence a claim against a company subject to a company voluntary arrangement (CVA). This Practice Note does not deal with the procedure and process for a company entering into a CVA, the moratorium in CVAs and its effect, the overall effect of a CVA, or the ways to challenge a CVA. For further reading on these topics see:
Practice Note: In what circumstances can a CVA be proposed and by whom?
Practice Note: Effect of a moratorium in a company voluntary arrangement (CVA) on creditors and the company
Practice Note: The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016
Overview: Company Voluntary Arrangements
Practice Note: Proprietary claims
The first question the claimant must consider is whether it is bound by the terms of the CVA and is therefore—probably—restricted from bringing any claim.
Broadly speaking, a creditor of a company is bound by the CVA, even where they v
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