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.
This week's edition of Restructuring & Insolvency weekly highlights includes: the publication by R3 of its Quarterly Business Health Report for the...
Companies House has announced that 23 company directors were disqualified for a combined total of 70 years following successful prosecutions for...
Companies House has updated its transition plan for implementing the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023), revising the...
The LexisNexis Restructuring & Insolvency practical guidance team has published a new Practice Note: ‘When can an office-holder seek directions from...
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...
What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986Section 423 of the Insolvency Act 1986 (IA 1986) allows for the avoidance of transactions which were designed to defraud creditors. Its provisions are intended to prevent parties from disposing of assets so as to
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
Misfeasance claims under section 212 of the Insolvency Act 1986What is misfeasance?A claim under section 212 of the Insolvency Act 1986 (IA 1986) operates where a person caught by the section has:•misapplied, retained or become accountable for any money or other property of the company•breached any
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