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Latest Restructuring & Insolvency News

Wherever I lay my hat is not necessarily my home (for the purposes of bankruptcy) (Lakatamia Shipping Company Ltd v Hsin Chi Su)

Wherever I lay my hat is not necessarily my home (for the purposes of bankruptcy) (Lakatamia Shipping Company Ltd v Hsin Chi Su)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Wherever I lay my hat is not necessarily my home (for the purposes of bankruptcy) (Lakatamia Shipping Company Ltd v Hsin Chi Su)

Restructuring & Insolvency weekly highlights—29 July 2021

Restructuring & Insolvency weekly highlights—29 July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—29 July 2021

Extension of time refused by Court of Appeal despite coronavirus (COVID-19) (Watts v Revenue and Customs Commissioners)

Extension of time refused by Court of Appeal despite coronavirus (COVID-19) (Watts v Revenue and Customs Commissioners)

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Extension of time refused by Court of Appeal despite coronavirus (COVID-19) (Watts v Revenue and Customs Commissioners)

What is the latest news on France’s restructuring and insolvency law reforms?

What is the latest news on France’s restructuring and insolvency law reforms?

The following Banking & Finance news provides comprehensive and up to date legal information on What is the latest news on France’s restructuring and insolvency law reforms?

Featured Restructuring & Insolvency content

Debt for equity swaps

Debt for equity swaps

Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...

Key elements of a standstill agreement

Key elements of a standstill agreement

Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...

Practice notes

US bankruptcy financing—debtor-in-possession (DIP) financing

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
tag iconIn-house
Q&As

A mortgagee in possession has sold a property at auction. The mortgagee's charge is dated 20 February 2008. There is an equitable charge created by an interim charging order in favour of a second lender, registered on the 25th October 2010. Will the sale by the mortgagee in possession overreach the subsequent equitable charge and if so, will the equitable charge simply fall away or should the purchaser take any further steps to remove it from the register?

A mortgagee in possession has sold a property at auction. The mortgagee's charge is dated 20 February 2008. There is an equitable charge created by an...
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19th May
Practice notes

Role, powers, functions and duties of a trustee in bankruptcy

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 appointments

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

Interference with goods in an insolvency situation

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

Secured creditors under a CVA—including effect on guarantees

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

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

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 Proceedings

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

Bankruptcy petitions—process and procedure

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 1986

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
tag iconIn-house
Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

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
Practice notes

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016

The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016

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
tag iconIn-house
Practice notes

What is a statutory demand?

What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May
Practice notes

A guide to independent business reviews

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 resets

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 Special administration content

Q&As

Does the Third Parties (Rights Against Insurers) Act 1930 apply to special administrations?

Does the Third Parties (Rights Against Insurers) Act 1930 apply to special administrations?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986,...
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31st Jul
Practice notes

Special Administration for financial institutions

Special Administration for financial institutionsWhy these Regulations were introducedThe financial crisis, commencing in 2007 and marked notably by...
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Produced in partnership with Dominic McCahill of Skadden 31st Jul
Practice notes

Social housing administration

Social housing administrationInsolvency of private not-for-profit registered providers of social housingThe social housing sector in England is...
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Produced in partnership with Eleanor James of Trowers & Hamlins LLP 31st Jul
Precedents

Special administration—Client asset statement of claim

Special administration—Client asset statement of...
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30th Jul
Precedents

Special administration—company board minutes

Special administration—company board minutes[INSERT NAME OF INVESTMENT BANK]Minutes of a meeting of the board of directors of [insert name of...
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30th Jul
Precedents

Special administration—letter to all known creditors: notice of appointment of special administrators

Special administration—letter to all known creditors: notice of appointment of special administrators[TO BE TYPED ON THE HEADED NOTEPAPER OF THE...
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30th Jul
Precedents

Special Administrators’ proposals

Special Administrators’ proposals[Investment Bank name](in Special Administration)Special Administrators’ Proposals for achieving the purpose of the...
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30th Jul
Precedents

Special administration—letter to all known clients: notice of appointment of special administrators

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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30th Jul
Precedents

Special administration—witness statement in support of application for special administration

Special administration—witness statement in support of application for special administrationApplicant[NAME OF WITNESS]First Witness StatementDate:...
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30th Jul
Precedents

Special administration—Creditor’s statement of claim

Special administration—Creditor’s statement of claim[company name]Date of special administration [date]Creditor’s name and address [name, address and...
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30th Jul
Precedents

Special administration—distribution order

Special administration—distribution orderCourt Reference No:[ INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS [OF...
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Produced in partnership with Charlotte Møller of Brown Rudnick LLP 30th Jul
Practice notes

Insolvency in the Further and Higher Education Sector

Insolvency in the Further and Higher Education SectorThis Practice Note summarises the insolvency regime introduced by the Technical and Further...
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Produced in partnership with Neil Smyth of Mills & Reeve LLP 30th Jul
Precedents

Special administration—special administrators’ progress report

Special administration—special administrators’ progress report[investment bank name] (in special administration)[Joint] Special Administrators’...
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Produced in partnership with Charlotte Møller of Brown Rudnick LLP 30th Jul
Precedents

Special administration—frequently asked questions (FAQs) for clients or investors and trade creditors

Special administration—frequently asked questions (FAQs) for clients or investors and trade creditorsFrequently Asked Questions—clients, investors or...
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30th Jul

Popular documents

Lexcel—assessment

Lexcel—assessment

Lexcel—assessmentLexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note tells you

Common law offence of false imprisonment

Common law offence of false imprisonment

Common law offence of false imprisonmentThe offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False imprisonment).It is triable only on indictment. It may be classified in class 2A, 2B or 3 in accordance with

Perverting the course of justice

Perverting the course of justice

Perverting the course of justiceElements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on indictment in the Crown Court. The elements of the offence are:•a person acts or embarks on a course of conduct•which has a

Involuntary manslaughter

Involuntary manslaughter

Involuntary manslaughterInvoluntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element—hence the label voluntary manslaughter) but