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Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 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
Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
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
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
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
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
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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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
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
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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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

Most recent Document review content

Practice notes
CE-File—introduction to electronic filing in the Rolls Building and other courtsThis Practice Note provides guidance on the interpretation and...
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1st Aug
Q&As
What does ‘substantially the whole’ mean in the context of a QFC appointment?Where is it relevant?Paragraph 14(1) of Schedule B1 to the Insolvency Act...
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1st Aug
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...
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Produced in partnership with Natalie Brown of Radcliffe Chambers 1st Aug
Q&As
What are the consequences of a winding up petition on a proposed restructuring?STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925...
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1st Aug
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...
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1st Aug
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...
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1st Aug
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...
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1st Aug
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...
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1st Aug
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...
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1st Aug
Q&As
Can a crystallised floating charge be de-crystallised?Crystallisation of floating chargesA floating charge may Crystallize by operation of law or it...
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31st Jul
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...
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31st Jul
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...
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Produced in partnership with Peter Susman of Henderson Chambers 31st Jul
Q&As
Does it matter if you carve some of the assets of a company security provider out of the scope of the security package it is creating?Why might a...
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31st Jul
Q&As
Does a guarantee have to be executed as a deed?No, a guarantee does not have to be executed as a deed. A guarantee can be executed as a deed or as an...
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31st Jul

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