Directors and insolvency

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Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May
Practice notes
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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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
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
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
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
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
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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19th May
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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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
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Directors and insolvency content

Precedents
Witness statement in support of a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986The Small Business, Enterprise and...
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5th Jun
Practice notes
Disqualification under section 6 of the Company Directors Disqualification Act 1986—the process and procedure: Part 2—the evidenceSince 25 April 2017,...
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5th Jun
Precedents
Application notice Insolvency Act 1986 s 216APPLICATION NOTICEForm IAARule 1.35 of the Insolvency (England and Wales) Rules 2016Court Reference No....
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5th Jun
Precedents
Witness statement in support of an application for a declaration that a transaction is void under section 127 of the Insolvency Act 1986Applicant:...
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5th Jun
Practice notes
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 5th Jun
Precedents
Witness statement in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986The Small Business, Enterprise...
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5th Jun
Practice notes
What constitutes unfitness under section 6 of the Company Directors Disqualification Act 1986?STOP PRESS: In May 2021 the government announced that...
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5th Jun
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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5th Jun
Precedents
Application notice for a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986Note: This Precedent should be used in...
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5th Jun
Practice notes
Extortionate credit transactions—corporate and personal insolvencySetting aside a transaction on the basis that it was an extortionate credit...
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5th Jun
Precedents
Application notice in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986Note: This Precedent should...
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Produced in partnership with Chris Brockman of Enterprise Chambers 5th Jun
Precedents
Application notice to unwind a preference, transaction at an undervalue or transaction to defraud creditorsNote: This Precedent should be used in...
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5th Jun
Precedents
Application notice seeking a declaration that a transaction is void under section 127 of the Insolvency Act 1986Note: This Precedent should be used in...
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Produced in partnership with Chris Brockman of Enterprise Chambers 5th Jun
Precedents
Witness statement in support of a misfeasance claim under section 212 of the Insolvency Act 1986Applicant: [insert initials and surname]: 1st:...
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5th Jun
Practice notes
Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—possible conditions attached to...
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5th Jun
Precedents
Application notice for a misfeasance application under section 212 of the Insolvency Act 1986Note: This Precedent should be used in conjunction with...
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5th Jun
Practice notes
Applications for leave to act as a director under section 17 of the Company Directors Disqualification Act 1986—principles behind leave being...
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5th Jun
Precedents
Letter to directors in an insolvency situation warning of main legal risksCoronavirus (COVID-19) and the Corporate Insolvency and Governance Act...
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5th Jun
Practice notes
How to appeal a civil directors' disqualification orderThis Practice Note deals with appeals against orders made in directors’ disqualification...
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Produced in partnership with Sarah Clarke of Hardwicke Chambers and Sri Carmichael of Hardwicke Chambers 5th Jun
Practice notes
Recovery of unlawful dividends by an insolvency office-holderA situation frequently arises where payments are made on account of dividends during a...
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5th Jun

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