Explore the essential framework and procedures for identifying and managing company insolvencies. Dive into the specific stages, from initial distress signals to formal insolvency proceedings, and gain invaluable insights on navigating liquidations, administrations, and company voluntary arrangements. Equip yourself with practical strategies and best practice guidance to support your clients through complex corporate financial difficulties.
The Steering Committee of the London Coalition on Sustainable Sovereign Debt has welcomed the Loan Creditor Committee Guide and Export Credit Agency...
Restructuring & Insolvency analysis: The High Court considered the effect of bankruptcy on standing to pursue a professional negligence counterclaim...
Restructuring & Insolvency analysis: In Carter v Davies, the High Court held that a bankrupt's cause of action to set aside the judgment founding the...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of cross border insolvency, limitation and office-holders...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?Statutory declaration of solvencyA company enters voluntary liquidation when its members vote to do so by a special resolution. For further information, see Practice Note: What is a members’
Is it possible to serve a statutory demand abroad and, if so, how enforceable is it?A statutory demand is a demand for payment of a debt due to a creditor by a debtor. Where a statutory demand is served on a company and the debt is neither paid, secured or compounded for within 21 days, then the
Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is the same as that owed by the mortgagee to a mortgagor:•in exercising its power of sale over mortgaged property a mortgagee is under a general duty to
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidationCompulsory liquidation or winding up by the courtWhere the Official Receiver is appointedOn the making of a winding-up order by the court, the official receiver (OR) is appointed as liquidator.When the OR
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