Corporate insolvency processes

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Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May
Practice notes
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Practice notes
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May

Most recent Corporate insolvency processes content

Practice notes
Fixed charge receivers—a view from JerseyThis Practice Note addresses the Jersey law issues concerning the enforcement of secured immovable property...
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Produced in partnership with Stephen Alexander of Mourant Ozannes 27th Jul
Practice notes
Creditors' decision-making in a liquidation—the position under the Insolvency (England and Wales) Rules 2016The Insolvency (England and Wales) Rules...
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Produced in partnership with Marcus Haywood of South Square Chambers 27th Jul
Practice notes
Unregistered Companies—available insolvency processesThe purpose of this note is to set out the insolvency procedures available to the most common...
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Produced in partnership with Rebecca Walker of Lester Aldridge LLP 27th Jul
Practice notes
The conflict administratorDefinitionThe term 'conflict administrator' in this Practice Note applies to an insolvency practitioner (IP) appointed as...
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Produced in partnership with Stephen Taylor of Isonomy Limited 27th Jul
Practice notes
Restructuring cross-border groups using English pre-pack administration [Archived]This Practice Note is archived and no longer maintained. As of exit...
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27th Jul
Q&As
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...
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27th Jul
Practice notes
Challenging the approval of a CVA—unfair prejudice, material irregularity: the position under The Insolvency (England and Wales) Rules 2016Coronavirus...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 27th Jul
Practice notes
Company statutory demand—the position under The Insolvency (England and Wales) Rules 2016STOP PRESS: The Corporate Insolvency and Governance Act 2020...
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Produced in partnership with Eleanor Holland of 4 Stone Buildings and Karl Anderson of 4 Stone Buildings 27th Jul
Q&As
What regulatory responsibilities does an administrator have when acting as the administrator in the insolvency of a pharmaceutical or biotech company...
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Produced in partnership with Caroline Clarke of RMCSC LTD 25th Jul
Precedents
R3 Standard Form COVID-19 CVA Proposal (Northern Ireland)IN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY...
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23rd Jul
Precedents
COVID-19 Standard Conditions for Company Voluntary Arrangements (SCOTLAND)Part 1: Interpretation1Miscellaneous definitions1.1In the Arrangement,...
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23rd Jul
Precedents
Appendix 2: Amendments to R3 Standard Form COVID-19 CVA proposal for exit from administrationFront page: replace heading with: ‘IN THE MATTER OF...
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23rd Jul
Precedents
COVID-19 Standard Conditions for Company Voluntary ArrangementsPart 1: Interpretation1Miscellaneous definitions1.1In the Arrangement, except where the...
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23rd Jul
Precedents
R3 Standard Form COVID-19 CVA ProposalIN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY ACT...
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23rd Jul
Precedents
Special administration—letter to all known clients: notice of appointment of special administrators[TO BE TYPED ON THE HEADED NOTEPAPER OF THE SPECIAL...
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23rd Jul
Precedents
Record of decision to appoint an administratorCompany number: [insert number][Insert company name][Limited OR PLC]Minutes of a meeting of the board of...
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23rd Jul
Precedents
Appendix 2: Amendments to R3 Standard Form COVID-19 CVA proposal for a debt waiver (Northern Ireland)Clause 3.5: replace 2nd sentence with ‘The...
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23rd Jul
Precedents
Appendix 2: Amendments to R3 Standard Form COVID-19 CVA proposal for exit from administration (Northern Ireland)Front page: replace heading with: ‘IN...
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23rd Jul
Precedents
Administration order [use from IP completion day]Court Reference No. [number].[IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND...
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23rd Jul
Precedents
Appendix 2: Amendments to R3 Standard Form COVID-19 CVA proposal (Scotland) for a debt waiverClause 3.5: replace 2nd sentence with ‘The Proposal, if...
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Produced in partnership with Tim Cooper and Matthew Finnie of Addleshaw Goddard LLP 23rd Jul

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