Creditors' voluntary liquidation

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Practice notes
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 19th May
Practice notes
Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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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
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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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
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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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
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Creditors' voluntary liquidation content

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 22nd Jul
Q&As
Does a power of attorney given by a company survive administration or liquidation? Is it possible to draft the power of attorney to enable it to...
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21st Jul
Q&As
A seller is in voluntary liquidation. The draft transfer of part to the buyer grants new easements. Can the liquidators validly grant the...
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17th Jun
Precedents
Asset sale agreement—non-going concern saleDRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and...
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14th Jun
Practice notes
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
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10th Jun
Q&As
Will HMLR register a transfer of leasehold property signed by a fixed charge receiver where the leasehold property has been disclaimed by a...
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6th Jun
Q&As
A client is in voluntary liquidation and has the benefit of an overage over some land. The liquidation should be finalised shortly. Can the benefit of...
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Produced in partnership with Simon Passfield of Guildhall Chambers 6th Jun
Q&As
Where a company is one of the joint holders of a share and that company is liquidated, does ownership of that share pass automatically to the other...
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6th Jun
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...
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Produced in partnership with Oberon Kwok of Selborne Chambers 6th Jun
Q&As
What status does a creditor who has a final charging order against shares in a limited company have when that company goes into a creditors' voluntary...
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6th Jun
Q&As
Where do secured creditors fall in the order of payment to creditors on an insolvent liquidation?The order of distribution in liquidation, following...
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6th Jun
Q&As
Do a prior liquidator's unpaid costs and expenses rank in priority or pari passu with a subsequent liquidator?For the purposes of this Q&A we have...
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5th Jun
Q&As
What is the status of a creditors voluntary liquidation given that the sole director of the company was not properly appointed as a director prior to...
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Produced in partnership with Simon Passfield of Guildhall Chambers 5th Jun
Q&As
Can a creditor claim in a liquidation where their debt is secured against a third party guarantor's property?A guarantee is an agreement between one...
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5th Jun

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