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Latest Restructuring & Insolvency News

Questions around the proposed arbitration process for coronavirus rent arrears

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

South Square Digest—July 2021

South Square Digest—July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on South Square Digest—July 2021

Restructuring & Insolvency weekly highlights—22 July 2021

Restructuring & Insolvency weekly highlights—22 July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—22 July 2021

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

Featured Restructuring & Insolvency content

Debt for equity swaps

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...

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in Bankruptcy

Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act...

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 made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company...

Recapitalisations

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

Practice notes

What is a pre-pack administration sale?

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

Statements of Insolvency Practice (SIPs)—a quick guide

Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes

Marshalling debt

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

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...
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Produced in partnership with South Square Chambers 19th May
Practice notes

Roles, powers and duties of an administrative receiver

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

Role, powers, functions and duties of a liquidator

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 2016

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

Secured creditors under a CVA—including effect on guarantees

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 appointed

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
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, can a director be held personally liable?

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

Equitable charges v legal charges—impact on saleability

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

Compulsory winding up of a company—the process and procedure

Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

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 2016

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
Practice notes

What is a statutory demand?

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 reviews

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 Industry/sector guides for R&I lawyers content

Q&As

What regulatory responsibilities does an administrator have when acting as the administrator in the insolvency of a pharmaceutical or biotech company that holds marketing authorisations in respect of medicinal products? Does the marketing authorisation transfer to the insolvency practitioner?

What regulatory responsibilities does an administrator have when acting as the administrator in the insolvency of a pharmaceutical or biotech company...
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Produced in partnership with Caroline Clarke of RMCSC LTD 25th Jul
Practice notes

Retail sector insolvency—use of CVAs

Retail sector insolvency—use of CVAsIntroduction to company voluntary arrangements (CVAs)A CVA is a tool available to a company in financial...
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Produced in partnership with Cathryn E. Williams of Crowell & Moring 22nd Jul
Practice notes

Charity insolvency—a guide to available insolvency procedures

Charity insolvency—a guide to available insolvency proceduresFORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law...
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Produced in partnership with Rebecca Walker of Lester Aldridge LLP 21st Jul
Practice notes

Insolvency of insurers

Insolvency of insurersApplicable legislationInsolvency laws generally make special provisions for insurance companies, because of the regulated status...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 21st Jul
Practice notes

Guide to insolvency in the care home industry

Guide to insolvency in the care home industryThis Practice Note gives guidance on taking enforcement action in the care home industry. It includes...
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Produced in partnership with Mark Prior of Squire Patton Boggs 21st Jul
Practice notes

Special resolution regime options

Special resolution regime optionsSpecial resolution regime toolkitWhen using the special resolution regime (SRR), the appropriate tool for the...
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Produced in partnership with Dominic McCahill of Skadden 15th Jul
Practice notes

Guide to insolvency in the retail sector

Guide to insolvency in the retail sectorThis Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and...
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Produced in partnership with Carolyn Jones 15th Jul
tag iconCOVID-19
Practice notes

Special resolution regime for banks and building societies—rationale, scope, application and interpretation

Special resolution regime for banks and building societies—rationale, scope, application and interpretationThe economic and legal backdropGeneral...
Read More >
Produced in partnership with Dominic McCahill of Skadden 15th Jul
Practice notes

Guide to insolvency in the hotel industry

Guide to insolvency in the hotel industryThe hotels sector suffered in the last recession. As an asset class, hotels are capital intensive operations...
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Produced in partnership with Matthieu Hucker of Bryan Cave Leighton Paisner LLP 15th Jul
tag iconCOVID-19
Practice notes

Assignment of insurance policies and claims in insolvency

Assignment of insurance policies and claims in insolvencyDuties of an office-holder to realise propertyInsolvency procedures (such as administration,...
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Produced in partnership with Helen Martin of Stevens & Bolton 15th Jul
Practice notes

Mis-selling interest rate hedging products—a guide for R&I lawyers

Mis-selling interest rate hedging products—a guide for R&I lawyersIntroductionPrior to September 2008, numerous small and medium-sized enterprises...
Read More >
Produced in partnership with Matthew Shankland and Sarah Lainchbury of Sidley Austin LLP 15th Jul
Practice notes

Guide to insolvency in the agriculture industry

Guide to insolvency in the agriculture industryThis Practice Note looks at the structure and funding of farming businesses, the types of security that...
Read More >
Produced in partnership with Stephen Allinson 15th Jul
Practice notes

Guide to insolvency in the construction industry

Guide to insolvency in the construction industryThis Practice Note considers common issues that may arise out of insolvency in the construction...
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Produced in partnership with Gurbinder Grewal of Dentons, Ian Fox of Dentons and Michael Wright of Dentons 15th Jul
Q&As

If a company is 'merely' in liquidation (ie a CVL) would this: (i) mean we can still issue against the insured under the Third Parties (Right Against Insurers) Act 1930 (prior to it being dissolved), obtain judgement and then go against the insurer, (ii) prevent the company being dissolved until the judgment has been received so we can go against the insurer to recover the money?

If a company is 'merely' in liquidation (ie a CVL) would this: (i) mean we can still issue against the insured under the Third Parties (Right Against...
Read More >
Produced in partnership with Carly Schiff of Boyes Turner 15th Jul
Q&As

Can an adjudication award in the construction industry in favour of a company in liquidation be enforced?

Can an adjudication award in the construction industry in favour of a company in liquidation be enforced?STOP PRESS: From 6 April 2017, the Insolvency...
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Produced in partnership with Carly Schiff of Boyes Turner 15th Jul
Practice notes

Guide to airline insolvency—insolvency proceedings, receivership and schemes of arrangement

Guide to airline insolvency—insolvency proceedings, receivership and schemes of arrangementThis Practice Note forms part of a set of Practice Notes on...
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Produced in partnership with Mark Craggs of Norton Rose Fulbright 14th Jul
Practice notes

Special Administration for financial institutions

Special Administration for financial institutionsWhy these Regulations were introducedThe financial crisis, commencing in 2007 and marked notably by...
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Produced in partnership with Dominic McCahill of Skadden 14th Jul
Practice notes

Insurance business transfer schemes

Insurance business transfer schemesConsistent with the common law of contract, an insurer is not able to transfer the burden of its obligations under...
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Produced in partnership with Geraldine Quirk of Bryan Cave Leighton Paisner 12th Jul
Practice notes

Financial services firms and insolvency

Financial services firms and insolvencyBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...
Read More >
12th Jul
Practice notes

Charity insolvency—personal liability of charity trustees

Charity insolvency—personal liability of charity trusteesFORTHCOMING CHANGE: On 22 March 2021, the government published its response to the Law...
Read More >
Produced in partnership with Rebecca Walker of Lester Aldridge LLP 12th Jul

Popular documents

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Claiming negligent misrepresentation or negligent misstatement—practical considerationsA claim for negligent misrepresentation may often be brought alongside or in the alternative to a claim for negligent misstatement. It is therefore useful to understand the key practical considerations in respect

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?

The Financial Assistance Scheme—what are the available benefits?THIS PRACTICE NOTE APPLIES TO SCHEMES ENTERING THE FINANCIAL ASSISTANCE SCHEME FROM 1 JANUARY 2012.Where a scheme, its employer(s) and individual members have satisfied the criteria for eligibility into the Financial Assistance Scheme

Escrow accounts and escrow agreements

Escrow accounts and escrow agreements

Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or escrow deed) to set up an escrow account. It looks at the benefits of paying funds into escrow, how an escrow account operates and the provisions

Financial Conduct Authority—Principles for Businesses (PRIN)

Financial Conduct Authority—Principles for Businesses (PRIN)

Financial Conduct Authority—Principles for Businesses (PRIN)This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the FCA’s High Level Standards set out in the FCA’s Handbook. The Principles are a general