Document review

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Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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30th May
Practice notes
How to serve a demand for paymentA demand for payment is a formal demand made in accordance with the contractual requirements underpinning the...
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Produced in partnership with James Hannant of Guildhall Chambers
2nd Jun
Practice notes
Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...
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30th May
Practice notes
Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...
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30th May
Practice notes
Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...
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Produced in partnership with James Hannant of Guildhall Chambers
30th May
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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30th May
Practice notes
What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
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30th 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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30th May
Practice notes
Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
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30th May
Practice notes
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...
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Produced in partnership with Karl Anderson of 4 Stone Buildings
2nd Jun
Practice notes
Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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2nd Jun
Practice notes
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...
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30th 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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30th May
Practice notes
Administration expensesThis Practice Note provides an overview of what amounts to an administration expense and discusses key case law.Expenses of an...
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Produced in partnership with Jamil Mustafa of South Square Chambers
30th May
Q&As
What are COMI proceedings?This Q&A considers the meaning of centre of main interests (COMI) proceedings, a new concept created by the Insolvency...
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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...
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2nd Jun

Most recent Document review content

Practice notes
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
Practice notes
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-FileThis Practice Note provides guidance on CE-File electronic working/electronic filing, also known as...
11th Jun
Practice notes
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...
10th Jun
Q&As
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
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
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?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?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...
10th 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...
Produced in partnership with Chris Adams of Gosschalks
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?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?Competing security interests arise when more than one creditor...
Produced in partnership with
9th Jun
Q&As
I've just noticed that a transaction document which has already been executed contains an error. What can I do to correct this?For the purposes of...
9th Jun

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