Understanding the role and rights of creditors in restructuring and insolvency cases is essential for safeguarding their interests. Our practical guidance covers how creditors can effectively participate in proceedings, from attending meetings and voting on proposals to challenging debts and influencing outcomes. Stay informed on the latest legal frameworks and strategies to navigate creditor engagement with precision and authority.
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Public examination of the bankrupt under section...
This week's edition of Restructuring & Insolvency weekly highlights includes: updates on the operational and reform priorities for the new Business...
Restructuring & Insolvency analysis: The High Court reviewed its order so that where rule 18.30 of the Insolvency (England and Wales) Rules 2016 (IR...
Restructuring & Insolvency analysis: Mr Justice Hildyard sanctioned inter-conditional Part 26A restructuring plans for TG Jones, using cross-class...
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...
Waterfall of payments in liquidationThe order of distribution in liquidation, following the realisation of security by secured creditors (other than those with floating charges) for their benefit, is provided for both in the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales) Rules
Proof of debtThis Practice Note covers:•what a proof of debt is•the procedure for proving a debt•valuation/quantification of the debt, and•creditors and the reflective loss principleThe rules applicable to proving a debt under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024 are
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
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