Navigate the complexities of dispute resolution within the insolvency framework. Access essential insights and detailed guidance tailored for practitioners handling contentious insolvency matters. Equip yourself with the strategies and knowledge to effectively manage insolvency litigation, ensuring you can deliver robust advice and achieve successful outcomes for your clients.
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘Inquiry into a bankrupt's dealings and property...
The Courts and Tribunals Judiciary has published an updated Insolvency Proceedings Practice Direction on Specified Specialist Hearing Centres, issued...
The Insolvency Service has reported that Royal Lofts & Extensions Ltd was wound up in the public interest by the High Court in London on 20 October...
Restructuring & Insolvency analysis: The High Court restrained two winding-up petitions arising from disputed construction debts. One payment...
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 notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...
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 debtThe range of funding options open to companies has exploded, resulting in a vast...
Fraudulent trading claims under sections 213 and 246ZA of the Insolvency Act 1986A fraudulent trading claim arises under two separate statutory routes: •it is a criminal offence under section 993 of the Companies Act 2006•a civil remedy arises under sections 213 and 246ZA of the Insolvency Act 1986
Avoiding invalid floating charges under section 245 of the Insolvency Act 1986Under section 245 of the Insolvency Act 1986 (IA 1986), liquidators and administrators can avoid certain floating charges if:•the floating charge was created at the relevant time•in certain circumstances, the company was
Preferences under section 239 of the Insolvency Act 1986The purpose of a preference claim under section 239 of the Insolvency Act 1986 (IA 1986) is to prevent a situation where a creditor is given priority in relation to past indebtedness of a company at the expense of other creditors, preventing a
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?A wrongful trading claim applies to a person if:•the company has gone into insolvent liquidation or insolvent administration•at some time before the commencement of the company's liquidation or
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