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.
This week's edition of Restructuring & Insolvency weekly highlights includes: a look at elements of the King’s Speech 2026 of interest to R&I lawyers,...
The Institute of Chartered Accountants in England and Wales (ICAEW) has opened a consultation on proposed amendments to Statement of Insolvency...
His Majesty, King Charles III, has set out the government’s priorities and proposed policies for the next parliamentary session at the State Opening...
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
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
If a rentcharge is shown as being informally exonerated on title information, does this apply to the current registered owner? Or does the informal exoneration only apply to the parties to the document which informally exonerated the rentcharge?This Q&A considers the situation where, at some
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