Q&As

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

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Produced in partnership with Caroline Clark
Published on LexisPSL on 29/05/2018

The following Restructuring & Insolvency Q&A produced in partnership with Caroline Clark provides comprehensive and up to date legal information covering:

  • 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?

This Q&A assumes that the set-off referred to would be between an insolvent debtor company subject to a company voluntary arrangement (CVA) under the Insolvency Act 1986 and a creditor owed money by the insolvent debtor company.

Information about the different types of set-off and the different circumstances in which they apply is given in Practice Note: Types of set-off. There are different types of set-off including legal, equitable, contractual, insolvency and banker's or current set-off. In the absence of information about the circumstances giving rise to the possibility of a claim for set-off it is not possible

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