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BVI Court of Appeal clarifies duties owed by directors to creditors (Byers & Richardson (as Joint Liquidators of Pioneer Freight Futures Company Ltd) v Chen Ningning)
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—4 December 2025
The following Restructuring & Insolvency news provides comprehensive and up to date legal information on South Square Digest—December 2025
New Precedents: Application notice, witness statement and draft order to fix the basis of the remuneration of an office-holder pursuant to rule 18.23 of the Insolvency (England and Wales) Rules 2016
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...
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
Where proceedings are ongoing and the defendant enters creditors’ voluntary liquidation but the liquidators refuse to settle proceedings (drop hands) without payment of their costs to date, is there any authority for getting paid costs as an expense of the liquidation or attaching personal liability
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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