Corporate insolvency processes

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Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 12th Jan
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
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 12th Jan
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
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
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
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
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 12th Jan
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
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
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
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9th Nov

Most recent Corporate insolvency processes content

Practice notes
The effect of a company voluntary winding-up—the position under The Insolvency (England and Wales) Rules 2016This Practice Note sets out the position...
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Produced in partnership with Karl Anderson of 4 Stone Buildings 15th May
Practice notes
Receivership process in the Isle of ManThis Practice Note covers the procedural aspects following the appointment of a receiver in respect of an Isle...
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Produced in partnership with Dougherty Quinn of Isle of Man Law Firm 15th May
Practice notes
Remuneration and expenses of nominee or supervisor of a Company Voluntary Arrangement (CVA)The remuneration of the insolvency practitioner is governed...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 15th May
Practice notes
Procedure relating to the appointment of an administrative receiver—the position under the Insolvency (England and Wales) Rules 2016Steps prior to...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th May
Practice notes
Brexit—impact on winding-upStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...
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15th May
Practice notes
Effect of appointment of LPA or fixed charge receiver on propertyImpact of appointmentThe effect of the appointment of an LPA/fixed charge receiver is...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th May
Practice notes
Effect of court-appointed receivers on property and companyEmployeesThe appointment by the court of a receiver of the company will have the effect of...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 15th May
Practice notes
When can an office-holder seek directions from the court in insolvency proceedings?The power to seek directions from the courtOffice-holders in...
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15th May
Practice notes
Challenging the approval of a CVA—unfair prejudice, material irregularity: the position under The Insolvency (England and Wales) Rules 2016Coronavirus...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 15th May
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 South Square Chambers and BDO 15th May
Practice notes
Court appointment of administrators—who can apply and in what circumstances?This Practice Note will cover:•the purpose of administration•who can apply...
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15th May
Practice notes
What process needs to take place before placing the company into MVL?This content is affected by the coronavirus (COVID-19) pandemic. For further...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 15th May
Practice notes
Compulsory liquidation—issuing a petitionSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 15th May
Practice notes
Corporate Insolvency and Governance Act 2020—impact on CVAsOn 26 June 2020, the Corporate Insolvency and Governance Act 2020 (CIGA 2020) came into...
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15th May
Practice notes
Company Voluntary Arrangements—an introductory guideA company voluntary arrangement (CVA) is a binding contractual agreement between a company and its...
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15th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 15th May
Practice notes
Waterfall of payments in administrative receivership—the position under the Insolvency (England and Wales) Rules 2016Administrative ReceivershipThe...
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Produced in partnership with South Square Chambers 15th May
Practice notes
The Insolvency (England and Wales) Rules 2016—Part 6: Creditors’ voluntary winding-up [Archived]This Practice Note has been archived and is not...
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Produced in partnership with James Davies of New Square Chambers 15th May
Practice notes
Court fees in insolvency proceedingsCourt fees are payable in connection with commencing certain insolvency processes, and commonly during an...
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15th May
Practice notes
Appeals in insolvency proceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related...
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15th May

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