Document review

Streamline your document review process with expert insights tailored for Restructuring & Insolvency specialists. Our practical guidance ensures you swiftly navigate through complex documentation, identifying key clauses, potential pitfalls, and essential compliance requirements. Leverage our resources to enhance accuracy, mitigate risks, and achieve efficient outcomes in your restructure and insolvency cases.

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Latest Restructuring & Insolvency News

Insolvency Service publishes 2024 practitioner regulation review

Insolvency Services announces 11-year directorship disqualification for football firm director over £10m investor losses

Insolvency Service reports conviction in £50,000 BBL fraud case

Insolvency Service appoints first crypto specialist amid rising digital asset cases

Featured Restructuring & Insolvency content

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...

Bonds and notes

Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...

Bankruptcy searches

Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...

Basic introduction to super senior, senior, mezzanine and junior debt

Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...

Practice notes

Key elements of a standstill agreement

Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...

30th May

Practice notes

How to serve a demand for payment

How to serve a demand for paymentA demand for payment is a formal demand made in accordance with the contractual requirements underpinning the...

Produced in partnership with James Hannant of Guildhall Chambers

2nd Jun

Practice notes

Receivership—an introductory guide

Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...

30th May

Practice notes

Debt for equity swaps

Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...

30th May

Practice notes

Challenging an individual voluntary arrangement (IVA)

Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...

Produced in partnership with James Hannant of Guildhall Chambers

30th May

Practice notes

Cashflow and balance sheet tests for insolvency

Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...

30th May

Practice notes

What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...

30th May

Practice notes

Bankruptcy petitions—process and procedure post-presentation of the petition

Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...

30th May

Practice notes

Role, powers, functions and duties of an administrator

Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...

30th May

Practice notes

Effect on proceedings against a company being wound up and after a winding-up order is made

Effect on proceedings against a company being wound up and after a winding-up order is madeThis Practice Note sets out guidance as to what happens...

Produced in partnership with Karl Anderson of 4 Stone Buildings

2nd Jun

Practice notes

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...

2nd Jun

Practice notes

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...

30th May

In-house

Practice notes

Role, powers, functions and duties of a trustee in bankruptcy

Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...

30th May

Practice notes

Administration expenses

Administration expensesThis Practice Note provides an overview of what amounts to an administration expense and discusses key case law.Expenses of an...

Produced in partnership with Jamil Mustafa of South Square Chambers

30th May

Q&As

What are COMI proceedings?

What are COMI proceedings?This Q&A considers the meaning of centre of main interests (COMI) proceedings, a new concept created by the Insolvency...

30th May

Precedents

Application notice for an application by an insolvency office-holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 to obtain property, information and/or documentation

Application notice for an application by an insolvency office-holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 to...

2nd Jun

Most recent Document review content

Practice notes

Electronic working and CE-File—when and where is CE-File applicable?

Electronic working and CE-File—when and where is CE-File applicable?This Practice Note provides guidance on the interpretation and application of the...

11th Jun

COVID-19

Practice notes

Guarantees—key cases

Guarantees—key casesThe case law behind guarantees is both long-standing and complex. It is imperative to have a good understanding of the principles...

11th Jun

Practice notes

Electronic working and CE-File—how to use CE-File

Electronic working and CE-File—how to use CE-FileThis Practice Note provides guidance on CE-File electronic working/electronic filing, also known as...

11th Jun

COVID-19

Practice notes

National Security and Investment Act—final orders tracker

National Security and Investment Act—final orders trackerThis Practice Note tracks transactions in which the UK government has intervened on national...

10th Jun

Q&As

If the ‘mortgagor’ under the relevant charge is four persons and the demand is only sent to three of the four relevant parties, is the subsequent appointment of the receivers valid?

If the ‘mortgagor’ under the relevant charge is four persons and the demand is only sent to three of the four relevant parties, is the subsequent...

10th Jun

Q&As

Is a security document dated (ie completed) and filed at Companies House after the date of administration, but executed as a deed by the mortgagor (by its directors) prior to the appointment, valid and enforceable against the administrators?

Is a security document dated (ie completed) and filed at Companies House after the date of administration, but executed as a deed by the mortgagor (by...

10th Jun

Q&As

If a company is no longer at its registered office, how do you serve a statutory demand on it?

If a company is no longer at its registered office, how do you serve a statutory demand on it?For the purpose of answering this Q&A, we have not...

10th Jun

Q&As

Will the method for searching for company winding up petitions by calling the Companies Court be changing as part of the Insolvency (England and Wales) Rules 2016? Will it be possible to continue to call the number for pre-completion searches as before?

Will the method for searching for company winding up petitions by calling the Companies Court be changing as part of the Insolvency (England and...

10th Jun

Q&As

What power does a liquidator have to challenge the validity of a fixed charge over the company in liquidation’s property?

What power does a liquidator have to challenge the validity of a fixed charge over the company in liquidation’s property?General powers of a...

10th Jun

Q&As

If a lender makes a loan to a company in a company voluntary arrangement (CVA) which is secured by way of a legal charge, can the lender then rely on the existing CVA as an insolvency event of default in order to enforce the security a few weeks later?

If a lender makes a loan to a company in a company voluntary arrangement (CVA) which is secured by way of a legal charge, can the lender then rely on...

10th Jun

Q&As

How do I find out whether a statutory demand or bankruptcy petition has been served on an individual for personal insolvency by a creditor?

How do I find out whether a statutory demand or bankruptcy petition has been served on an individual for personal insolvency by a creditor?Statutory...

10th Jun

Q&As

As a trustee in bankruptcy are there any steps which can be taken to prevent a mortgagor from appointing an LPA receiver?

As a trustee in bankruptcy are there any steps which can be taken to prevent a mortgagor from appointing an LPA receiver?The power to appoint a...

Produced in partnership with Natalie Brown of Radcliffe Chambers

10th Jun

Q&As

Is there any recourse against the Royal Courts of Justice if the Central Registry of winding-up petitions gives an incorrect response?

Is there any recourse against the Royal Courts of Justice if the Central Registry of winding-up petitions gives an incorrect response?We have been...

10th Jun

Q&As

Can a liquidator or administrator able to sell a property which is subject to a restriction on the proprietorship register at HM Land Registry without complying with the restriction?

Can a liquidator or administrator able to sell a property which is subject to a restriction on the proprietorship register at HM Land Registry without...

10th Jun

Q&As

What is the process for undertaking checks for winding-up petitions in the District Registries and County Court hearing centres in the location where the company has it’s registered office or place of business? Are the District Registries undertaking Chancery work now mostly covered by the CE-File?

What is the process for undertaking checks for winding-up petitions in the District Registries and County Court hearing centres in the location where...

9th Jun

Q&As

When dealing with an insolvent estate, do registered charges (ie mortgages) take priority over debts secured by restrictions (ie County Court judgment debts) or are they all classed as ‘secured debts’ and given the same priority?

When dealing with an insolvent estate, do registered charges (ie mortgages) take priority over debts secured by restrictions (ie County Court judgment...

Produced in partnership with Chris Adams of Gosschalks

9th Jun

Q&As

When is it necessary to carry out a pre-completion insolvency or bankruptcy search against a seller of property? If the seller is insolvent or bankrupt, what effect will that have on the contract which has been exchanged and on certification of good title to the buyer’s lender? If no search is carried out, does the buyer at arms-length get good title?

When is it necessary to carry out a pre-completion insolvency or bankruptcy search against a seller of property? If the seller is insolvent or...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk

9th Jun

Q&As

If a borrower disposes of an asset subject to a floating charge that has been crystallised, what claims does the lender have?

If a borrower disposes of an asset subject to a floating charge that has been crystallised, what claims does the lender have?Crystallisation of a...

Produced in partnership with Peter Susman of Henderson Chambers

9th Jun

Q&As

Does an intercreditor deed or deed of priority need to be filed at the Land Registry?

Does an intercreditor deed or deed of priority need to be filed at the Land Registry?Competing security interests arise when more than one creditor...

Produced in partnership with

9th Jun

Q&As