Corporate insolvency processes

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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
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
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
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 12th Jan
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
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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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
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
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 12th Jan
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 12th Jan
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 Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...
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9th Nov
Practice notes
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...
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9th Nov
Practice notes
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 12th Jan

Most recent Corporate insolvency processes content

Practice notes
The administrator and charged propertyThe success of an administration will often depend on the value of the assets available to the company and the...
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Produced in partnership with Tom Shepherd of 4 New Square 15th May
Practice notes
The Insolvency (England and Wales) Rules 2016—Part 4: Receivership [Archived]This Practice Note has been archived and is not maintained.The Insolvency...
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Produced in partnership with Emma Knight of Three Stone 15th May
Practice notes
Small Business, Enterprise and Employment Act 2015—changes affecting administrations [Archived]This Practice Note has been archived and is not...
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15th May
Practice notes
Disputed statutory demandsWhen either a company or an individual is served with a statutory demand, the warning bells should be ringing, as failure to...
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15th May
Practice notes
Varying the CVA after creditors’ approvalPower to vary a CVAA power to vary a company voluntary arrangement (CVA) is normally included so that, if...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 15th May
Practice notes
Out-of-court administration appointments by a QFCH—the procedureCoronavirus (COVID-19)This content contains guidance on subjects impacted by the...
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15th May
Practice notes
Corporate Insolvency and Governance Act 2020—temporary changes to corporate statutory demands and winding-up petitionsWhat is the background to the...
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15th May
Practice notes
Reviews of insolvency ordersCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes...
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Produced in partnership with Matthew Parfitt of Erskine Chambers 15th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 15th May
Practice notes
Role, powers, functions and duties of a court-appointed receiverThis Practice Note covers the roles, powers, duties and liabilities of court-appointed...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th May
Practice notes
How an administration comes to an endThere are several ways in which an administration can come to an end depending on the specific circumstances of...
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15th May
Practice notes
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 15th May
Practice notes
Liability for business rates in insolvencyCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details,...
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15th May
Practice notes
Administration—an introductory guideAdministration is a procedure designed to give an entity breathing space, with a view to either a rescue or a...
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15th May
Practice notes
Lifting the administration moratorium—appointment of fixed charge receiverThis Practice Note considers the interaction between the statutory...
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Produced in partnership with Carolyn Jones 15th May
Practice notes
Remuneration and expenses of LPA or fixed charge receiver, administrative receiver and court appointed receiverRemuneration and expenses of a Law of...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th May
Practice notes
Termination of LPA or fixed charge receivershipA note on terminologyThe Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th May
Practice notes
Role, powers, functions and duties of the supervisor of a company voluntary arrangementWho is the supervisor and what is the supervisor’s role in a...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 15th May
Practice notes
Restructuring & Insolvency—new starter guideWelcome to the world of restructuring and insolvencyRestructuring and insolvency covers a variety of...
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15th May
Practice notes
How can an administrator apply to extend the period of automatic termination of administration?The Enterprise Act 2002 enabled administrators to be...
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15th May

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