Claims against insolvent companies and individuals

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Latest Restructuring & Insolvency News

New Dutch scheme—an update

The following Banking & Finance news provides comprehensive and up to date legal information on New Dutch scheme—an update

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

Featured Restructuring & Insolvency content

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...

Effect of equitable, contractual and structural subordination

Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...

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...

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...

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

Practice Direction on Insolvency Proceedings

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

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

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...

Produced in partnership with John Hughes of Shakespeare Martineau 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

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016

IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...

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

In-house

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

A guide to independent business reviews

This Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around an IBR•identify when an IBR may be...

Produced in partnership with Allan Kelly of RSM 12th Jan

Practice notes

Avoiding invalid floating charges under section 245 of the Insolvency Act 1986

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

9th Nov

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

Practice notes

Out-of-court administration appointments by a QFCH—the procedure

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

9th Nov

Most recent Claims against insolvent companies and individuals content

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

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

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

Corporate insolvency for dispute resolution practitioners: administration

This Practice Note refers to the Insolvency Act 1986 as IA 1986.NoteThis Practice Note contains a summary of the key points relating to administration...

9th Apr

Practice notes

Corporate insolvency for dispute resolution practitioners: members' voluntary liquidation

This Practice Note is a summary of the key points relating to a members' voluntary liquidation (MVL) from a dispute resolution perspective.What is a...

9th Apr

Practice notes

Comparison table of personal insolvency processes for dispute resolution practitioners

NoteThis table provides a summary of individual personal and debt management processes from a dispute resolution perspective. Name of processNature of...

9th Apr

Practice notes

Comparison table of corporate insolvency processes for dispute resolution practitioners

This Practice Note refers to the Insolvency Act 1986 as IA 1986.NoteThis table provides a summary of the key corporate insolvency processes from a...

9th Apr

Practice notes

Corporate insolvency for dispute resolution practitioners: receivership

This Practice Note refers to:•the Insolvency Act 1986 as IA 1986•the Law of Property Act 1925 as LPA 1925•the Senior Courts Act 1981 as SCA 1981•the...

9th Apr

Practice notes

Factors the court will take into account when deciding whether to lift or impose a liquidation stay

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

Produced in partnership with Kate Rogers of St Philips Chambers 9th Apr

Q&As

I need to serve a claim form in an EU Member State. Given coronavirus (COVID-19), what do I need to think about? What are likely to be barriers in being able to effect valid service?

The first point to note is that service in accordance with the provisions of Regulation (EC) 1393/2007, the Service Regulation is mandatory, and it is...

Produced in partnership with Ryan Hocking of Hardwicke Chambers 9th Apr

COVID-19

Practice notes

The moratorium in administration

The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the...

Produced in partnership with Kate Rogers of St Philips Chambers 8th Apr

Practice notes

Personal insolvency for dispute resolution practitioners: individual voluntary arrangements (IVAs)

This Practice Note contains a summary of individual voluntary arrangements (IVAs) and their impact on legal proceedings from a dispute resolution...

8th Apr

Practice notes

Personal insolvency for dispute resolution practitioners: bankruptcy

This Practice Note is a summary of bankruptcy and its impact on legal proceedings from a dispute resolution perspective.Coronavirus (COVID-19)This...

8th Apr

Practice notes

What effect does an insolvency process have on ongoing litigation and arbitration proceedings?

This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...

8th Apr

Practice notes

Effect on proceedings against a company being wound up and after a winding-up order is made

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 Eleanor Holland and Karl Anderson of 4 Stone Buildings 8th Apr

Practice notes

Claims against companies subject to a company voluntary arrangement (CVA)

The purpose of this Practice Note to is touch on some of the considerations that must be considered where someone wishes to commence a claim against a...

8th Apr

Precedents

Witness statement in support of an application for permission to lift the administration moratorium under paragraph 43 of Schedule B1 to the Insolvency Act 1986

Applicant: [insert initials and surname]: 1st: (exhibits).1–4: [insert date] 20[insert year]Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH...

8th Apr

Precedents