Evidence and evidence gathering

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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
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
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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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
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
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 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
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
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
Practice notes
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 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
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 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 Evidence and evidence gathering content

Practice notes
Inquiry into a company's dealings (including by way of private examination) under section 236 of the Insolvency Act 1986Information about the...
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Produced in partnership with Roger Laville of Five Paper 26th Jul
Practice notes
Evidence and evidence gathering—public examination of the bankruptUnder section 15 of the Bankruptcy Act 1914 (the predecessor to the Insolvency Act...
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Produced in partnership with Graham McPhie of Wedlake Bell 22nd Jul
Q&As
Can an office-holder assign their powers under sections 234–236 of the Insolvency Act 1986?For information on the office-holder’s powers of...
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6th Jun
Q&As
Is a trustee in bankruptcy (trustee) able to obtain copies of the bankrupt’s files from the bankrupt’s previous solicitors without incurring any...
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Produced in partnership with Chris Adams of Gosschalks 6th Jun
Q&As
Are there any grounds on which a person or entity can refuse to disclose information to a liquidator? And is the position the same for an individual...
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5th Jun
Q&As
What steps can a liquidator take to gain access to an account where the bank has refused to neither acknowledge their letters nor release the monies...
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5th Jun
Practice notes
Inquiry into a bankrupt's dealings and property—including by way of private examination—under section 366 of the Insolvency Act 1986Information about...
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Produced in partnership with Roger Laville of Five Paper 5th Jun
Practice notes
Basic principles—the delivery-up of information and property to the insolvency office-holderThe Insolvency Act 1986 (IA 1986) and Insolvency (England...
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5th Jun
Practice notes
Evidence gathering—the preservation of information by an insolvency office-holderThe duty of insolvency office-holders to preserve information, and...
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Produced in partnership with Robert Hantusch of Three Stone 5th Jun

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