Proof of debt

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Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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9th Nov
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
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
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
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
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
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 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
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
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
Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...
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9th Nov
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

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 9th Apr
Q&As
A guarantee is an agreement between one person/entity (the guarantor) and another person/entity (the creditor), whereby the guarantor will meet the...
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8th Apr
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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16th Mar
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 Chambers 5th Mar
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 Chambers 5th Mar
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 Chambers 5th Mar
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 15th Feb
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 15th Feb
Q&As
This Q&A is about set-off involving transactions with the trustee.The answer is no. The company has to prove for its claim in the bankruptcy (section...
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Produced in partnership with XXIV Old Buildings 15th Feb
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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15th Feb
Q&As
The process by which a creditor makes a claim against a company or person subject to an insolvency procedure is known as proving a debt. The...
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15th Feb
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 27th 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
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

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