Administration

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Featured Restructuring & Insolvency content

Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
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9th Nov
Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP 9th Nov
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 9th Nov
Practice notes
STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...
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Produced in partnership with Stephen Allinson 9th Nov
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 9th Nov
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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9th Nov
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 9th Nov
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 9th Nov
Practice notes
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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9th Nov
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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9th Nov
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov

Most recent Administration content

Practice notes
The success of an administration will often depend on the value of the assets available to the company and the administrator's ability to deal with...
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Produced in partnership with Tom Shepherd of 4 New Square 29th Nov
Precedents
This Agreement is made on [insert day and month] 20[insert year]Parties1[Insert name of company in administration/liquidation] (in [administration OR...
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29th Nov
Q&As
This Q&A covers the position when a company in administration moves into liquidation, and where the liquidator being appointed is a person other than...
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29th Nov
Q&As
The holder of a qualifying agricultural floating charge (being a floating charge created under section 5 of the Agricultural Credits Act 1928 (ACA...
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29th Nov
Q&As
Stop press: the issue of when an administrator can request a receiver to vacate office under the Insolvency Act 1986, Schedule B1, para 41(2) was...
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29th Nov
Precedents
DRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and enforceability of this Precedent, see...
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29th Nov
Q&As
An administrator cannot dispose of an asset subject to a fixed charge without the consent of that charge holder or leave of the court. If no agreement...
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29th Nov
Q&As
In this Q&A we have assumed:•that the receivers are Law of Property Act (LPA) or fixed charge receivers, and•that the creditor or debtor wishes to...
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Produced in partnership with Helen Kavanagh 29th Nov
Precedents
Company number: [insert number][Insert company name][Limited OR PLC]Minutes of a meeting of the board of directors (the Meeting) of [insert full name...
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29th Nov
Precedents
UNDER PARAGRAPH 64 OF SCHEDULE B1 TO THE INSOLVENCY ACT 1986Pursuant to paragraph 64 of Schedule B1 to the Insolvency Act 1986 (IA 1986), [insert...
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Produced in partnership with Mark Phillips QC, Stephen Robins and William Willson of South Square 29th Nov
Q&As
As discussed in the article ‘Globalisation of the European loan markets: interpretative challenges and pitfalls’: (2017) 3 JIBFL 143 at [145]:‘All or...
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29th Nov
Q&As
Practice Note: Administration sales involving property—process and options for a buyer considers the key issues when selling or acquiring a property...
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29th Nov

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