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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

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act...

Recapitalisations

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

What is a pre-pack administration sale?

What is a pre-pack administration sale?

What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...

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

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...

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

Statements of Insolvency Practice (SIPs)—a quick guide

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

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administration

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

Roles, powers and duties of an administrative receiver

Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes

The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016

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 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

Annulment of bankruptcy orders

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 saleability

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

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

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

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
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
Precedents

Certificate of urgency for applications in insolvency proceedings

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

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 Credit institutions content

Q&As

If an insured company against which an adjudication award has been obtained is dissolved, must that company be restored to the register to pursue the action even though it is subject to an enforced award and liability has therefore crystallised? If so, should proceedings be brought in the client's name or the name of the dissolved company?

If an insured company against which an adjudication award has been obtained is dissolved, must that company be restored to the register to pursue the...
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31st Jul
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
Q&As

Do you have any details on how to get FCA consent to a special administration?

Do you have any details on how to get FCA consent to a special administration?Harlequin Management Services Ltd refers to solicitors contacting the...
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31st Jul
Practice notes

Quick Look Brexit Financial Services Legislation Status Guide—BRRD and BRRD II

Quick Look Brexit Financial Services Legislation Status Guide—BRRD and BRRD IIThis Quick Look Brexit Financial Services Legislation Status Guide...
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31st Jul
tag iconBrexit
Practice notes

The UK investment firms prudential regime (IFPR)

The UK investment firms prudential regime (IFPR)This Practice Note considers the new UK prudential framework for investment firms, known as the...
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31st Jul
Practice notes

Financial services firms and insolvency

Financial services firms and insolvencyBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...
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31st Jul
Practice notes

PRA enforcement essentials—suspensions, restrictions and financial penalties

PRA enforcement essentials—suspensions, restrictions and financial penaltiesLexis®PSL Financial Services Enforcement Database: This incorporates...
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31st Jul
Practice notes

General requirements of the Volcker Rule and its impact on non-US banking entities

General requirements of the Volcker Rule and its impact on non-US banking entitiesBackground to the Volcker Rule and implementationThe rules which...
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31st Jul
Practice notes

Powers of the authorities under the special resolution regime

Powers of the authorities under the special resolution regimePowers of the authoritiesEach of the five stabilisation options under the special...
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Produced in partnership with Dominic McCahill of Skadden 31st Jul
Practice notes

Impact of Brexit: BRRD—quick guide

Impact of Brexit: BRRD—quick guideThis Brexit Bank Recovery and Resolution Directive 2014/59/EU quick guide details UK legislation and retained EU...
Read More >
31st Jul
tag iconBrexit tag iconIn-house
Practice notes

Safeguards for shareholders, creditors and counterparties under the special resolution regime

Safeguards for shareholders, creditors and counterparties under the special resolution regimeThe Bank Recovery and Resolution and Miscellaneous...
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Produced in partnership with Dominic McCahill of Skadden 31st Jul
Practice notes

Special resolution regime options

Special resolution regime optionsSpecial resolution regime toolkitWhen using the special resolution regime (SRR), the appropriate tool for the...
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Produced in partnership with Dominic McCahill of Skadden 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

Special resolution regime for banks and building societies—rationale, scope, application and interpretation

Special resolution regime for banks and building societies—rationale, scope, application and interpretationThe economic and legal backdropGeneral...
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Produced in partnership with Dominic McCahill of Skadden 31st Jul
Practice notes

Interaction between the PRA, FCA and FPC

Interaction between the PRA, FCA and FPCBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...
Read More >
31st Jul
Precedents

Special administration—Client asset statement of claim

Special administration—Client asset statement of...
Read More >
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...
Read More >
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...
Read More >
30th Jul
Practice notes

An insolvency lawyer’s guide to the Financial Services Compensation Scheme

An insolvency lawyer’s guide to the Financial Services Compensation SchemeThis Practice Note provides an overview of the role and operation of the...
Read More >
30th Jul
Precedents

Special Administrators’ proposals

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

Popular documents

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (5th edition: 2018 revision)—a guide to the main provisions

The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firms

SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)

Qualified one-way costs shifting (QOCS)What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE)