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 Property Disputes news provides comprehensive and up to date legal information on The Supreme Court tweaks Etridge (Waller Edwards v One Savings Bank plc)
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
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
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
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