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 Courts and Tribunals Judiciary (CTJ) has published the High Court of Justice summer vacation notice for 2026. The vacation runs from 1 August 2026...
Restructuring & Insolvency analysis: The Court of Session sanctioned Waldorf CNS (I) Ltd's Part 26A restructuring plan, applying the cross-class cram...
The R3 Association of Business Recovery Professionals has published its Quarterly Business Health Report for the second quarter (Q2) of 2026,...
This week's edition of Restructuring & Insolvency weekly highlights includes: an analysis of the Supreme Court’s decision that an unrecognised and...
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...
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
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 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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