Creditors' participation

View Restructuring & Insolvency by content type:

Featured Restructuring & Insolvency content

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...
Read More >
Produced in partnership with South Square 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...
Read More >
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)...
Read More >
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...
Read More >
Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 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...
Read More >
Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 9th Nov
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)...
Read More >
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...
Read More >
Produced in partnership with John Hughes of Shakespeare Martineau LLP 9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
Read More >
Produced in partnership with James Hannant of Guildhall Chambers 9th Nov
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
Read More >
9th Nov
Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
Read More >
9th Nov
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...
Read More >
Produced in partnership with South Square and BDO LLP 9th Nov
Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
Read More >
9th Nov
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
Read More >
9th Nov
Practice notes
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
Read More >
Produced in partnership with Allan Kelly of RSM 9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
9th Nov

Most recent Creditors' participation content

Q&As
Equitable set-offEquitable set-off arises when two claims are so closely connected that it would be unjust to allow one party to enforce its claim...
Read More >
28th Nov
Practice notes
This Practice Note provides an overview of the role and operation of the Financial Services Compensation Scheme (FSCS) and the ranking of deposits...
Read More >
27th Nov
Practice notes
LiquidationThe order of distribution in liquidation, following the realisation of security by secured creditors (other than those with floating...
Read More >
Produced in partnership with South Square 27th Nov
Practice notes
The order of distribution in liquidation, following the realisation of security by secured creditors (other than those with floating charges) for...
Read More >
Produced in partnership with South Square 27th Nov
Practice notes
The order of distribution of a company’s assets in administration is found in the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales)...
Read More >
Produced in partnership with Robert Avis of XXIV Old Buildings 27th Nov
Practice notes
Administrative ReceivershipThe order of distribution in administrative receivership is not well-delineated in IA 1986 and (from 6 April 2017), IR...
Read More >
Produced in partnership with South Square 27th Nov
Practice notes
After satisfying the claims of secured creditors, the trustee in bankruptcy (trustee) must distribute the remaining assets in accordance with the...
Read More >
Produced in partnership with South Square 27th Nov
Practice notes
It has long been standard practice for administrators and liquidators to seek to limit their liability when entering into contracts on behalf of a...
Read More >
Produced in partnership with Matthew Thorn of Norton Rose Fulbright LLP 25th Nov
Practice notes
This Practice Note sets out certain key cases and associated relevant content in relation to set-off. The cases are divided by topic area and...
Read More >
25th Nov
Practice notes
There are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off (also known as...
Read More >
25th Nov
Practice notes
In finance transactions, the terms 'netting' and 'set-off' are sometimes used interchangeably even though they are not the same thing. The confusion...
Read More >
25th Nov
Practice notes
Brexit impact—cross-border insolvency (Insolvency (Amendment) (EU Exit) Regulations 2019, SI 2019/146)As of exit day (31 January 2020) the UK is no...
Read More >
Produced in partnership with South Square & BDO 24th Nov
Practice notes
This Brexit Deposit Guarantee Schemes Directive 2014/49/EU (DGSD) quick guide details current UK legislation and retained EU legislation that will be...
Read More >
23rd Nov
Practice notes
What are expenses? All fees, costs, charges and other expenses incurred in the course of winding up (IR 2016, SI 2016/1024, rr 6.42 and 7.108),...
Read More >
Produced in partnership with William Willson of South Square Chambers 23rd Nov
Practice notes
This Practice Note will give a basic overview of what amounts to an administration expense and some of the case law on this topic.Expenses of an...
Read More >
Produced in partnership with William Wilson of South Square 18th Nov
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency Rules 2016—coming into force and changesThe Insolvency (England...
Read More >
Produced in partnership with Madeleine Jones of South Square 18th Nov
Practice notes
Although suppliers are generally unsecured creditors (unless they establish a valid retention of title (ROT) claim) they may be key to a successful...
Read More >
Produced in partnership with Tom Shepherd of 4 New Square 18th Nov
Practice notes
In many restructurings, informal (ad hoc or unofficial) creditors' committees are formed as opposed to formal creditors' committees (see Practice...
Read More >
18th Nov
Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid...
Read More >
Produced in partnership with Eleanor Temple of Kings Chambers 18th Nov

Popular documents