Bankruptcy and the matrimonial home

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Practice notes
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 guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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19th May
Practice notes
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
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
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 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
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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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,...
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19th May
Practice notes
Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...
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19th May
Practice notes
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
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...
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19th May
Practice notes
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Bankruptcy and the matrimonial home content

Precedents
Letter before action from a trustee in bankruptcy in respect of a proposed application to court seeking an order for possession and sale of the...
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23rd Jul
Practice notes
The 'three-year rule' in bankruptcy under section 283A of the Insolvency Act 1986The 'three-year rule' and why it appliesThe reforms introduced by the...
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Produced in partnership with Amit Gupta of St Philips Chambers 15th Jul
Practice notes
Possession and sale applications in respect of a bankrupt's family homeWhen the bankrupt's estate vests in the trustee in bankruptcy (trustee)...
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9th Jul
Practice notes
Factors which can give rise to the court not making an order for possession and sale of the family home—and the test it will applyThis Practice Note...
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9th Jul
Precedents
Application notice for a trustee in bankruptcy’s possession and sale application concerning the bankrupt’s homeNote: This Precedent should be used in...
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9th Jul
Precedents
Witness statement for a trustee in bankruptcy’s possession and sale application concerning the bankruptcy’s homeApplicant: [insert initials and...
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9th Jul
Q&As
Does costs budgeting apply in respect of an application by a trustee in bankruptcy seeking possession and sale of a bankrupt’s property? If so, at...
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Produced in partnership with Chris Adams of Gosschalks 11th Jun
Q&As
To what extent does Article 8 of the European Convention on Human Rights impact on applications by trustees in bankruptcy seeking orders for...
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6th Jun
Q&As
Does the equity of exoneration apply to a spousal family home where the bankrupt is the sole registered owner of the property?The equity of...
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Produced in partnership with Caroline Clark 6th Jun
Q&As
Can a trustee in bankruptcy obtain an order for possession and sale of a property co-owned by the bankrupt—but in which the bankrupt does not...
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5th Jun
Q&As
What steps does a trustee in bankruptcy need to take if he wants to realise his interest in a property?In general terms, all property (as so broadly...
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5th Jun
Q&As
Where a bankruptcy order has been made by the adjudicator on a debtor’s application, to which court does any subsequently-appointed trustee in...
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5th Jun

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