Explore the essential framework and procedures for identifying and managing company insolvencies. Dive into the specific stages, from initial distress signals to formal insolvency proceedings, and gain invaluable insights on navigating liquidations, administrations, and company voluntary arrangements. Equip yourself with practical strategies and best practice guidance to support your clients through complex corporate financial difficulties.
The Insolvency Service has announced that Kyle McGinness and Leanne Moynes, directors of YSK Enterprises Ltd, have each been disqualified from acting...
The government has published details of the ‘Register your rental property’ service, which forms part of the second phase of Renters’ Rights Act 2025...
This week's edition of Restructuring & Insolvency weekly highlights includes: the appointment of Lord Briggs as the next President of the UK Supreme...
Restructuring & Insolvency Analysis: Mr Aliotta’s bankruptcy did not bar the court from determining pre-existing claims under section 423 of the...
Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...
Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?Statutory declaration of solvencyA company enters voluntary liquidation when its members vote to do so by a special resolution. For further information, see Practice Note: What is a members’
Dissolution of a company following compulsory liquidation or creditors' voluntary liquidationCompulsory liquidation or winding up by the courtWhere the Official Receiver is appointedOn the making of a winding-up order by the court, the official receiver (OR) is appointed as liquidator.When the OR
Can you wind-up a company when the debt is disputed?It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial grounds. If a purported creditor attempts to do so, the court can invoke its inherent jurisdiction
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 appoint an LPA receiver:•when the mortgage moneys become due, and•after making a demand for payment under the terms of the mortgageThis right may
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