Claims by an insolvent estate or its insolvency office-holder

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Latest Restructuring & Insolvency News

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

South Square Digest—July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on South Square Digest—July 2021

Restructuring & Insolvency weekly highlights—22 July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—22 July 2021

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

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

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...

Practice notes

Key elements of a standstill agreement

Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...

19th May

Practice notes

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

US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...

Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May

In-house

Practice notes

Statements of Insolvency Practice (SIPs)—a quick guide

Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...

19th May

Practice notes

Marshalling debt

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...

Produced in partnership with Karen Jacobs of Dentons 19th May

Practice notes

Cashflow and balance sheet tests for insolvency

Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...

Produced in partnership with South Square Chambers 19th May

Practice notes

Interference with goods in an insolvency situation

Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...

19th May

Practice notes

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...

19th May

Practice notes

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

Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...

Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May

Practice notes

Practice Direction on Insolvency Proceedings

Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...

19th May

Practice notes

Annulment of bankruptcy orders

Annulment of bankruptcy ordersThis Practice Note looks at the annulment of bankruptcy orders under section 282 of the Insolvency Act 1986 (IA 1986)...

19th May

Practice notes

Bankruptcy petitions—process and procedure

Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...

19th May

Practice notes

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986

Wrongful trading claims under sections 214 and 246ZB of the Insolvency Act 1986What is wrongful trading?Wrongful trading is a claim which arises under...

19th May

In-house

Practice notes

Compulsory winding up of a company—the process and procedure

Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...

Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May

Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...

19th May

Practice notes

A guide to independent business reviews

A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...

Produced in partnership with Allan Kelly of RSM 19th May

Practice notes

Basic introduction to super senior, senior, mezzanine and junior debt

Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...

19th May

Most recent Claims by an insolvent estate or its insolvency office-holder content

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?

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...

Produced in partnership with Ryan Hocking of Gatehouse Chambers 22nd Jul

COVID-19

Precedents

Witness statement in support of a misfeasance claim under section 212 of the Insolvency Act 1986

Witness statement in support of a misfeasance claim under section 212 of the Insolvency Act 1986Applicant: [insert initials and surname]: 1st:...

Produced in partnership with Paul Wright of 9 Stone Buildings 21st Jul

Practice notes

Unwinding unlawful transactions in bankruptcy

Unwinding unlawful transactions in bankruptcyGeneral duties of the trustee in bankruptcyThe main function and duty of a trustee in bankruptcy...

21st Jul

Practice notes

Directors’ duties: companies in financial difficulties

Directors’ duties: companies in financial difficultiesDirectors of companies which become, or are likely to become, insolvent face additional...

21st Jul

COVID-19

Practice notes

Injunctive relief for insolvency practitioners

Injunctive relief for insolvency practitionersBackgroundThere are circumstances where an insolvency practitioner (IP) may require an injunction...

Produced in partnership with Frances Coulson of Wedlake Bell LLP 20th Jul

Practice notes

Limitation periods applicable to insolvency claims

Limitation periods applicable to insolvency claimsRelevance of limitation periods to insolvency claimsLimitation periods refer to the time during...

19th Jul

Practice notes

Damages-based agreements (DBAs)

Damages-based agreements (DBAs)What is a DBA?A damages based agreement (DBA), sometimes referred to using the umbrella term 'contingency fee...

16th Jul

Practice notes

Excessive pension contribution recovery

Excessive pension contribution recoveryWhen pension contributions are recoverableThis practice note addresses two questions:•whether a bankrupt’s...

Produced in partnership with Raj Arumugam of 5 Stone Buildings 15th Jul

Practice notes

Mis-selling interest rate hedging products—a guide for R&I lawyers

Mis-selling interest rate hedging products—a guide for R&I lawyersIntroductionPrior to September 2008, numerous small and medium-sized enterprises...

Produced in partnership with Matthew Shankland and Sarah Lainchbury of Sidley Austin LLP 15th Jul

Precedents

Application notice in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986

Application notice in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986Note: This Precedent should...

Produced in partnership with Chris Brockman of Enterprise Chambers 15th Jul

Precedents

Application notice seeking a declaration that a transaction is void under section 127 of the Insolvency Act 1986

Application notice seeking a declaration that a transaction is void under section 127 of the Insolvency Act 1986Note: This Precedent should be used in...

Produced in partnership with Chris Brockman of Enterprise Chambers 15th Jul

Precedents

Witness statement in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986

Witness statement in support of a fraudulent trading application under sections 213 and 246ZA of the Insolvency Act 1986The Small Business, Enterprise...

9th Jul

Precedents

Application notice seeking a declaration that a transaction is void under section 284 of the Insolvency Act 1986

Application notice seeking a declaration that a transaction is void under section 284 of the Insolvency Act 1986Note: This Precedent should be used in...

Produced in partnership with Chris Brockman of Enterprise Chambers and Claire Thompson of Enterprise Chambers 9th Jul

Precedents

Witness statement in support of a void transaction application under section 284 of the Insolvency Act 1986

Witness statement in support of a void transaction application under section 284 of the Insolvency Act 1986Applicant: [insert initials and surname]:...

9th Jul

Precedents

Application notice for a misfeasance application under section 212 of the Insolvency Act 1986

Application notice for a misfeasance application under section 212 of the Insolvency Act 1986Note: This Precedent should be used in conjunction with...

9th Jul

Precedents