Order of payments

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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
Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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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
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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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
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 19th May
Practice notes
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May

Most recent Order of payments content

Q&As
A is in administration and owes a sum to B. B owes a sum to A. What steps can B take?In this Q&A, we have assumed that B’s claim is smaller than...
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13th Sep
Q&As
What is the status of a deposit paid under a contract upon termination for insolvency?This Q&A considers a scenario where:•there is a...
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Produced in partnership with XXIV Old Buildings 13th Sep
Practice notes
Types of set-offThere are five main types of set-off:•independent set-off (sometimes known as legal set-off or statutory set-off)•transaction set-off...
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9th Sep
Practice notes
R3 creditor guidesWho are R3?R3 is the trade association for the UK’s insolvency, restructuring, advisory and turnaround professionals. They represent...
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8th Sep
Practice notes
Reflective lossThis Practice Note considers the scope of the reflective loss rule. It addresses the background to and implications of the rule against...
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7th Sep
Practice notes
Reflective loss—key and illustrative decisionsThis Practice Note summarises a number of key and/or illustrative cases relevant to the rule against...
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6th Sep
Practice notes
The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...
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26th Aug
Practice notes
Liability for business rates in insolvencyCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details,...
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24th 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 18th Aug
Q&As
Can a creditor issue a claim for a balance outstanding under a fixed-sum credit agreement, where the repayment term has expired, without issuing a...
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18th 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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18th Aug
Q&As
Do a prior liquidator's unpaid costs and expenses rank in priority or pari passu with a subsequent liquidator?For the purposes of this Q&A we have...
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18th 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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18th 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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18th Aug

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