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 Financial Conduct Authority (FCA) has announced the establishment of an insolvency practitioner panel to support the effective management of...
The Insolvency Service has partnered with Crimestoppers to encourage reports of disqualified directors who continue to operate illegally, enabling...
This week's edition of Restructuring & Insolvency weekly highlights includes: an examination of an application by bankrupts’ daughters to set aside or...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note—‘Challenging a liquidator under section 168(5) of...
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...
When money is placed into an escrow account, what is the effect in the event the payer enters an insolvency process?An escrow account is an interest-bearing bank account to which certain specified criteria are attached which must be satisfied before funds can be released from the account. These
Waterfall of payments—a comparative guideLiquidationThe order of distribution in liquidation, following the realisation of security by fixed charge secured creditors for their benefit, is as follows:•where liquidation occurs within 12 weeks of a moratorium, any moratorium debts and ‘priority
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of 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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