Creditor communication and decision procedures

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Practice notes
BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....
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9th Nov
Practice notes
The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...
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9th Nov
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Practice notes
This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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9th Nov
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 12th Jan
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...
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9th Nov
Practice notes
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 12th Jan
Practice notes
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 12th Jan

Most recent Creditor communication and decision procedures content

Practice notes
Creditors’ consideration of CVA proposals—the position under the Insolvency (England and Wales) Rules 2016GeneralThe Insolvency (England and Wales)...
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Produced in partnership with William Willson of South Square Chambers 15th May
Practice notes
Creditors' decision procedures in administration—the position under the Insolvency (England and Wales) Rules 2016AdministrationThe purpose of an...
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Produced in partnership with South Square Chambers and BDO 15th May
Practice notes
Small Business, Enterprise and Employment Act 2015—position of creditors (decision making, notices, small debts etc) [Archived]This Practice Note has...
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15th May
Practice notes
Voting and creditors' decision procedures—the position under the Insolvency (England and Wales) Rules 2016The Insolvency (England and Wales) Rules...
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Produced in partnership with South Square Chambers and BDO 15th May
Practice notes
Creditors' decision-making in an IVA—the position under the Insolvency (England and Wales) Rules 2016Coronavirus (COVID-19)This content is affected by...
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Produced in partnership with South Square Chambers and BDO 15th May
Practice notes
Creditors' decision-making in a liquidation—the position under the Insolvency (England and Wales) Rules 2016The Insolvency (England and Wales) Rules...
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Produced in partnership with South Square Chambers and BDO 15th 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 15th May
Practice notes
Creditors’ meetings and proxies—the position under the Insolvency (England and Wales) Rules 2016Coronavirus (COVID-19)This content is affected by the...
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Produced in partnership with South Square Chambers and BDO 15th May
Practice notes
Creditors’ decision procedure in administrative receiverships—the position under the Insolvency (England and Wales) Rules 2016Coronavirus...
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Produced in partnership with South Square Chambers and BDO 15th May
Practice notes
The Insolvency (England and Wales) Rules 2016—communications [Archived]This Practice Note has been archived and is not maintained.Summary...
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Produced in partnership with David Menzies of ICAS 15th May
Practice notes
The Insolvency (England and Wales) Rules 2016—Part 15 and 16: Creditors meetings and proxies [Archived]ARCHIVED: This Practice Note has been archived...
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Produced in partnership with Eleanor Temple of Kings Chambers 15th May
Practice notes
Creditors’ meetings: approval of schemes of arrangement the position under the Insolvency (England and Wales) Rules 2016The Insolvency (England and...
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Produced in partnership with South Square Chambers and BDO 15th May
Precedents
IntroductionThe time is now [insert the exact time] and I am opening the meeting of creditors of [insert name of the company] called as a general...
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Produced in partnership with Robert Paterson of Moon Beever 23rd Feb
Q&As
This Q&A focuses on the definition of ‘connected with’ for the purpose of an administration and a proposal for a company voluntary arrangement (CVA)....
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Produced in partnership with Helen Kavanagh 8th Jan
Q&As
When a company enters into member voluntary liquidation (MVL), a liquidator is typically appointed by the company in a general meeting (section 91(1)...
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Produced in partnership with Phillip Patterson of Hardwicke Chambers 8th Jan

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