Insolvency litigation

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Latest Restructuring & Insolvency News

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The following Dispute Resolution news provides comprehensive and up to date legal information on Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

Restructuring & Insolvency weekly highlights—15 April 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—15 April 2021

Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

The following Banking & Finance news provides comprehensive and up to date legal information on Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

Featured Restructuring & Insolvency content

Key elements of a standstill agreement

When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...

Compulsory winding up of a company—the process and procedure

STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...

Practice notes

Debt for equity swaps

A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...

9th Nov

Practice notes

US ipso facto clauses

Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...

Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan

Practice notes

The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016

The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...

Produced in partnership with Richard Bowles 12th Jan

Practice notes

Winding-up and administration searches for companies at the Central Registry

STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...

Produced in partnership with Stephen Allinson 12th Jan

Practice notes

Cashflow and balance sheet tests for insolvency

IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...

Produced in partnership with South Square 12th Jan

Practice notes

What is considered onerous property or contracts?

DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...

9th Nov

Practice notes

Covenant waivers and resets

One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...

9th Nov

Practice notes

Role, powers, functions and duties of a liquidator

Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...

9th Nov

Practice notes

Loan to value covenants

This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...

Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan

Practice notes

How to serve a demand for payment

A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...

Produced in partnership with James Hannant of Guildhall Chambers 12th Jan

Precedents

Certificate of urgency for applications in insolvency proceedings

Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...

9th Nov

Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...

9th Nov

Practice notes

Key features of securitisation and asset based lending

BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....

9th Nov

Practice notes

US bankruptcy financing—debtor-in-possession (DIP) financing

DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...

Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan

In-house

Practice notes

Misfeasance claims under section 212 of the Insolvency Act 1986

What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...

9th Nov

In-house

Practice notes

Interim receivers

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

Produced in partnership with South Square and BDO LLP 12th Jan

Most recent Insolvency litigation content

Practice notes

Business and Property Courts—the disclosure pilot scheme

IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...

16th Apr

Practice notes

Trial witness statements in the Business and Property Courts under CPR PD 57AC

IntroductionThis Practice Note sets out the requirements for witness statements for use at trials in the Business and Property Courts that are signed...

15th Apr

Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

15th Apr

Practice notes

CE-File—electronic filing and case management in the Rolls Building and other courts

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

15th Apr

COVID-19

Practice notes

Coronavirus (COVID-19)—Changes to the court process in insolvency proceedings

The UK Government’s policy of social distancing in order to slow the spread of coronavirus (COVID-19) has prompted temporary new working rules in...

12th Apr

COVID-19

Practice notes

Business and Property Courts

Coronavirus (COVID-19)The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Apr

Practice notes

Avoidance of general assignment of book debts (bankruptcy)

This Practice Note explains when a general assignment of book debts by a bankrupt prior to their bankruptcy is invalid. See also Practice Note:...

Produced in partnership with Christopher Brockman of Enterprise Chambers 9th Apr

Practice notes

Corporate insolvency for dispute resolution practitioners: compulsory liquidation

This Practice Note contains a summary of the key points relating to compulsory liquidation from the perspective of a dispute resolution...

9th Apr

Practice notes

The Insolvency (England and Wales) Rules 2016—Part 12: Court procedure and practice [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) were laid...

Produced in partnership with James Morgan QC and Marc Brown of St Philips Chambers, and Matthew Weaver of Radcliffe Chambers 9th Apr

Practice notes

The equity of exoneration and how it applies in practice

This Practice Note looks at the equity of exoneration: what it is, and when and how it applies. It does not look at how the trustee in bankruptcy...

9th Apr

Practice notes

Evidence gathering—the preservation of information by an insolvency office-holder

The duty of insolvency office-holders to preserve information, and its relationship with the Civil Procedure RulesThe rights and duties of insolvency...

Produced in partnership with Robert Hantusch of Three Stone 9th Apr

Practice notes

Ways in which an IP can fund litigation and investigations where there are no assets in the estate

Funding concernsIn considering whether to institute a claim, aside from consideration of the merit of the claim, two particular issues present...

Produced in partnership with Joseph Carney of Three Stone 9th Apr

Practice notes

Corporate insolvency for dispute resolution practitioners: schemes of arrangement

This Practice Note refers to:•the Insolvency Act 1986 as IA 1986, and •the Companies Act 2006 as CA 2006NoteThis guide is a summary of schemes of...

9th Apr

Practice notes

Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986

Information about the company’s affairsIn order to protect, realise and distribute a company’s estate, the liquidator, provisional liquidator,...

Produced in partnership with Roger Laville of Five Paper 9th Apr

Practice notes

Property that vests in the trustee in bankruptcy on bankruptcy and how the trustee in bankruptcy ascertains the extent of their interest in it

One of the main functions of the trustee in bankruptcy (trustee) is, in accordance with section 305(2) of the Insolvency Act 1986 (IA 1986), to get...

9th Apr

Practice notes

Equitable accounting—how it works in practice

This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...

9th Apr

Practice notes

What is considered onerous property or contracts?

DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...

9th Apr

Practice notes

Corporate insolvency for dispute resolution practitioners: company voluntary arrangements

This Practice Note refers to the Insolvency Act 1986 as IA 1986.This guide is a summary of company voluntary arrangements (CVAs) and their impact on...

9th Apr

Practice notes

Corporate insolvency for dispute resolution practitioners: creditors' voluntary liquidation

NoteThis Practice Note is a summary of the key points relating to a creditors' voluntary liquidation (CVL) from a dispute resolution perspective.What...

9th Apr

Practice notes

Inquiry into a bankrupt's dealings and property—including by way of private examination—under section 366 of the Insolvency Act 1986

Information about the bankrupt’s affairsIn order to realise and distribute the bankruptcy estate, the trustee in bankruptcy (trustee) must obtain...

Produced in partnership with Roger Laville of Five Paper 9th Apr

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Insolvency litigation

View Restructuring & Insolvency by content type:

Latest Restructuring & Insolvency News

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

Restructuring & Insolvency weekly highlights—15 April 2021

Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

Featured Restructuring & Insolvency content

Key elements of a standstill agreement

Compulsory winding up of a company—the process and procedure

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

Most recent Insolvency litigation content

Popular documents

Double insurance and contribution

What is a tort?

Forum non conveniens—scope and application

Promissory estoppel

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