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 following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—13 November 2025
Provisional liquidator’s appointment may trigger disapplication of TUPE transfer and automatic unfair dismissal provisions (Secretary of State for Business and Trade v Sahonta)
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Winding-up petition dismissed due to genuine and substantial dispute (Abcor Finance Securities Ltd v Binomia Ltd)
Clash of jurisdictions—The English court confirms its jurisdiction against long-arm receiverships, but provides narrow carve-out for third parties (CIHL v Protopapas & Others)
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
Insolvency set-offGeneralA set-off is the right of one party, Party A, who is owed money by another party, Party B, to ensure payment by setting off the amount owed through a reduction of Party A’s liability to Party B under a separate dealing. Thus, where a creditor and a debtor have had mutual
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
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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