Claims by an insolvent estate or its insolvency office-holder

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Practice notes
Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 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
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 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
Role, powers, functions and duties of a liquidatorCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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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
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
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
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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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 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 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 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...
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Produced in partnership with Ryan Hocking of Gatehouse Chambers 22nd Jul
Precedents
Witness statement in support of a misfeasance claim under section 212 of the Insolvency Act 1986Applicant: [insert initials and surname]: 1st:...
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Produced in partnership with Paul Wright of 9 Stone Buildings 21st Jul
Practice notes
Unwinding unlawful transactions in bankruptcyGeneral duties of the trustee in bankruptcyThe main function and duty of a trustee in bankruptcy...
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21st Jul
Practice notes
Directors’ duties: companies in financial difficultiesDirectors of companies which become, or are likely to become, insolvent face additional...
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21st Jul
Practice notes
Injunctive relief for insolvency practitionersBackgroundThere are circumstances where an insolvency practitioner (IP) may require an injunction...
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Produced in partnership with Frances Coulson of Wedlake Bell LLP 20th Jul
Practice notes
Limitation periods applicable to insolvency claimsRelevance of limitation periods to insolvency claimsLimitation periods refer to the time during...
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19th Jul
Practice notes
Damages-based agreements (DBAs)What is a DBA?A damages based agreement (DBA), sometimes referred to using the umbrella term 'contingency fee...
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16th Jul
Practice notes
Excessive pension contribution recoveryWhen pension contributions are recoverableThis practice note addresses two questions:•whether a bankrupt’s...
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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 lawyersIntroductionPrior to September 2008, numerous small and medium-sized enterprises...
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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 1986Note: This Precedent should...
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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 1986Note: This Precedent should be used in...
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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 1986The Small Business, Enterprise...
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9th Jul
Precedents
Application notice seeking a declaration that a transaction is void under section 284 of the Insolvency Act 1986Note: This Precedent should be used in...
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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 1986Applicant: [insert initials and surname]:...
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9th Jul
Precedents
Application notice for a misfeasance application under section 212 of the Insolvency Act 1986Note: This Precedent should be used in conjunction with...
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9th Jul
Precedents
Witness statement in support of an application for a declaration that a transaction is void under section 127 of the Insolvency Act 1986Applicant:...
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9th Jul
Precedents
Application notice to unwind a preference, transaction at an undervalue or transaction to defraud creditorsNote: This Precedent should be used in...
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9th Jul
Precedents
Witness statement in support of an application to unwind a preference, transaction at an undervalue or transaction to defraud creditorsApplicant:...
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9th Jul
Precedents
Witness statement in support of a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986The Small Business, Enterprise and...
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8th Jul
Precedents
Application notice for a wrongful trading claim under sections 214 and 246ZB of the Insolvency Act 1986Note: This Precedent should be used in...
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8th Jul

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