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Practice notes
RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
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
What is a pre-pack administration sale?Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the...
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19th May
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
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
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
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
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
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 Security review content

Practice notes
The National Security and Investment Act—implications for finance transactionsThis Practice Note summarises key provisions of the National Security...
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14th Jun
Practice notes
Electronic signaturesCoronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by procedural changes in response...
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14th Jun
Practice notes
The title register—contents, effect and conclusiveness of registrationThe registerEach individual register consists of a property register, a...
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10th Jun
Practice notes
Avoiding invalid floating charges under section 245 of the Insolvency Act 1986Avoiding floating charges—the conditions requiredUnder section 245 of...
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9th Jun
Practice notes
The effect of insolvency on guaranteesWhat is a guarantee?A guarantee is an agreement between one person/entity (the guarantor) and another...
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8th 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...
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6th 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...
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Produced in partnership with Chris Adams of Gosschalks 6th 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...
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6th 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...
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6th Jun
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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5th Jun
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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5th 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...
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Produced in partnership with Natalie Brown of Radcliffe Chambers 5th 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...
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5th Jun
Q&As
What are the consequences of taking or granting security in breach of a negative pledge?What is a negative pledge?A negative pledge is a contractual...
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5th Jun
Q&As
My finance document has been executed, but one of the required signatories has signed in the wrong place. What should I do?A properly drafted finance...
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5th Jun
Q&As
Does a mortgagee automatically become a mortgagee in possession if it enforces its security? Why does it matter?This Q&A discusses the circumstances...
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Produced in partnership with Brian Cain 5th Jun
Q&As
What could be the impact if the bank loses title deeds held by it as mortgagee?The impact of losing title deeds depends primarily on whether the title...
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Produced in partnership with James Hall of Hardwicke Chambers 5th Jun

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