Proof of debt

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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
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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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
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
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 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
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
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
It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...
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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
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
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...
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Produced in partnership with Allan Kelly of RSM 12th Jan
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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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
9th Nov

Most recent Proof of debt content

Practice notes
ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency Rules 2016—coming into force and changesThe Insolvency (England...
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Produced in partnership with Madeleine Jones of South Square 15th Jan
Practice notes
This Practice Note has been archived and is not maintained.The Small Business, Enterprise and Employment Act 2015 (SBEEA 2015) received Royal Assent...
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15th Jan
Practice notes
Insolvency (England and Wales) Rules 2016The rules applicable to proving a debt under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI...
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Produced in partnership with South Square 15th Jan
Practice notes
Insolvency (England and Wales) Rules 2016The rules applicable to proving a debt under the Insolvency (England and Wales) Rules 2016 (IR 2016), SI...
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Produced in partnership with South Square 15th Jan
Q&As
The position on appealing proof of debts is set out in Practice Note: Creditor’s appeal against rejection of proof of debt—the position under the...
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Produced in partnership with Eleanor Stephens 13th Jan
Q&As
A party wishing to file a claim for their debt in an administration must submit a written claim to the administrator. The document by which they seek...
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Produced in partnership with Eleanor Stephens 8th Jan
Q&As
There are some key issues to consider when an unsecured creditor in a bankruptcy is a dissolved company.The starting point is that the dissolution of...
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Produced in partnership with Harry Clark of Clarke Willmott 8th Jan
Practice notes
This Practice Note covers:•what a proof of debt is•the procedure for proving a debt, and•valuation/quantification of the debtThe rules applicable to...
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Produced in partnership with South Square 8th Jan
Q&As
Proving a debt is the term given in insolvency legislation for the process by which a creditor formally makes a claim for the outstanding debt to the...
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Produced in partnership with Caroline Clark 8th Jan
Q&As
Insolvency (England and Wales) Rules 2016 (IR 2016), SI 2016/1024, r 14.4 deals with a creditor's proof of debt. It provides that a creditor's proof...
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Produced in partnership with Christopher Snell of New Square Chambers 8th Jan
Q&As
It is not uncommon in a company insolvency to find that there is an overdrawn directors’ loan account—ie that the company has paid sums to its...
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Produced in partnership with Luke Harrison of Keidan Harrison 8th Jan
Q&As
Under the Insolvency Rules 2016 (IR 2016), SI 2016/1024, IR 2016, SI 2016/1024, Pt 14, which determines the treatment of creditors’ claims, is applied...
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Produced in partnership with Alison Curry of Insolvency Support Services 8th Jan
Q&As
Real debtProof of debtA party wishing to file their debt in a compulsory liquidation, administration or bankruptcy must submit a written claim to the...
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29th Nov

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