Creditors' participation

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Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 19th May
Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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19th May
Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
Practice notes
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Creditors' participation content

Practice notes
Formal creditors’ committee meetings—the position under The Insolvency (England and Wales) Rules 2016The Insolvency (England and Wales) Rules 2016 (IR...
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Produced in partnership with South Square Chambers 3rd Aug
Practice notes
Creditors' decision-making in an IVA—the position under the Insolvency (England and Wales) Rules 2016Creditors’ decision procedureGeneralIt is the...
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Produced in partnership with Marcus Haywood of South Square Chambers 1st Aug
Q&As
Is a trustee in bankruptcy's remuneration, as in time costs, classed as being an expense or cost of dealing with the assets payable under IR 1986, r...
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1st Aug
Q&As
Are repayments from a loan arrangement paid to a company that is in CVL subject to a fixed or floating charge?Charge over receivables?One factor will...
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1st Aug
Q&As
Can a creditor claim in a liquidation where their debt is secured against a third party guarantor's property?A guarantee is an agreement between one...
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1st Aug
Q&As
What authority is there that realisations from property subject to a fixed charge as created will be paid to the fixed charge holder on a liquidation...
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1st Aug
Q&As
How can members of a company in member voluntary liquidation (where the liquidator was appointed by the court) summon/requisition a general meeting of...
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Produced in partnership with Phillip Patterson of Gatehouse Chambers 1st Aug
Q&As
In the context of an insolvency set-off where a landlord is owed money for the payment of rent by a company, can this sum be set off against money...
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1st Aug
Q&As
In order for a creditors’ committee to be formed in an administration, is a decision of the creditors (by way of a resolution passed by over 50% of...
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Produced in partnership with Eleanor Stephens 1st Aug
Q&As
If a limited liability partnership goes into administration, can a partner set-off a capital account (in credit) against amounts outstanding on an...
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1st Aug
Q&As
What test must be applied by a trustee in bankruptcy in assessing whether a creditor’s claim is a real debt? Is a liquidator obliged to adjudicate on...
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1st Aug
Q&As
Can a contingent creditor in a members’ voluntary liquidation (MVL) force the liquidator to continue the MVL until the contingency figure is...
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Produced in partnership with Alison Curry of Insolvency Support Services 1st Aug
Q&As
Is there a right of set-off for a company in a Company Voluntary Arrangement?This Q&A assumes that the set-off referred to would be between an...
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Produced in partnership with Caroline Clark 1st Aug
Q&As
If a company issues shares unpaid or partly paid to a shareholder (A), and A subsequently transfers the shares to a third party (B) before they are...
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1st Aug
Q&As
Is a void payment under the Insolvency Act 1986, s 127 available for set-off?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925...
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1st Aug

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