Q&As

Comprehend the law and how it impacts your clients. Q&As shine a light on common issues

Legal Research

Q&As
Can a liquidator disclaim his own contract? If a third party liquidator is appointed and disclaims the contract, what could the consequences be for...
18th Aug
Q&As
Where a bankruptcy order has been made by the adjudicator on a debtor’s application, to which court does any subsequently-appointed trustee in...
18th Aug
Q&As
Is an MVL progress report required after delivery of a 'proposed' final account under the Insolvency (England and Wales) Rules 2016?It was the...
Produced in partnership with Insolvency Service 18th Aug
Q&As
Can a statutory demand be served on a UK corporate person where the debt arises under a contract that has a foreign choice of law and forum...
Produced in partnership with David Sawtell of 39 Essex Chambers 18th Aug
Q&As
Is it possible for two or more creditors to petition for the winding up of the debtor company on the basis of unpaid debts, or can there only be one...
18th Aug
Q&As
Can a petitioning creditor claim statutory interest and costs as part of the petition debt, including interest that was not stated in the statutory...
18th Aug
Q&As
Can a company which is subject to a winding-up petition still be wound up if they pay the debt which is due under the winding-up petition?STOP PRESS:...
18th Aug
Q&As
What happens when a trustee in bankruptcy seeks to claim property that is personal to the bankrupt, and which the bankrupt became entitled to after...
18th Aug
Q&As
Why would joint administrators make an application to court for an additional administrator to be appointed pursuant to the provisions of the...
18th Aug
Q&As
A company in voluntary liquidation owns assets charged to a lender and subject to a registered charge. Can the liquidators sell the charged assets...
Produced in partnership with Oberon Kwok of Selborne Chambers 18th Aug
Q&As
Does a foreign entity have to submit a LIQ02?This Q&A considers the scenario where either the foreign entity is an insolvent overseas company with one...
Produced in partnership with Helen Kavanagh 18th Aug
Q&As
What are the grounds and procedure for removing a trustee in bankruptcy (trustee) from office? And if a trustee is removed from office, where do their...
18th Aug
Q&As
Can a sole trader be made bankrupt using the bankruptcy procedure for individuals? Is there a financial limit, and which form of statutory demand...
Produced in partnership with XXIV Old Buildings 18th Aug
Q&As
How do you wind-up a partnership following a dispute between the partners? What is the general procedure, fee payable and form of the claim?How to...
18th Aug
Q&As
How does Brexit impact the definition of ‘Art 1.2 undertakings’?This Q&A considers how Brexit impacts the definition of ‘Art 1.2 undertakings’ in the...
18th Aug
Q&As
At what point does a creditor become 'connected' or an 'associate' in the context of voting on a Company Voluntary Arrangement? Can a creditor choose...
18th Aug
Q&As
Are the 14 days for service of a bankruptcy petition clear days, and are they business days or calendar days? What is the authority for this?The...
Produced in partnership with XXIV Old Buildings 18th Aug

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