Proof of debt

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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 Proof of debt content

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
Q&As
If a creditor claims inclusive of value added tax (VAT) on their proof of debt, can the office holder compel them to reclaim their VAT and only admit...
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Produced in partnership with Christopher Snell of New Square Chambers 22nd 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
In relation to the appeal against decision on proof under the Insolvency (England and Wales) Rules 2016, SI 2016/1024, r 14.8(2), is the 21-day...
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Produced in partnership with Eleanor Stephens 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
In a bankruptcy, what happens if an unsecured creditor is a dissolved company?There are some key issues to consider when an unsecured creditor in a...
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Produced in partnership with Harry Clark of Clarke Willmott 18th Aug
Q&As
Is a liquidator required to review a petition debt for the purposes of proving in the liquidation?A creditor wishing to recover a debt must submit a...
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18th Aug
Q&As
Can a creditor prove for its debt and make a claim in the insolvency process after the bar date?Proving a debt is the term given in insolvency...
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Produced in partnership with Caroline Clark 18th Aug
Q&As
Can an unsecured creditor assign its debt in an administration estate?A party wishing to file a claim for their debt in an administration must submit...
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Produced in partnership with Eleanor Stephens 18th 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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18th Aug
Practice notes
Creditor's appeal against rejection of proof of debt—the position under the Insolvency (England and Wales) Rules 2016Insolvency (England and Wales)...
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Produced in partnership with South Square Chambers 18th Aug
Practice notes
Proof of debt—the position under the Insolvency (England and Wales) Rules 2016This Practice Note covers:•what a proof of debt is•the procedure for...
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Produced in partnership with South Square Chambers 18th Aug
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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18th Aug

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