Insolvency trading issues

Navigating the complexities of insolvency trading issues requires both tactical expertise and a thorough understanding of regulatory obligations. This resource offers essential insights into director duties, wrongful trading provisions, and the risks of personal liability. Equip yourself with practical guidance to mitigate the consequences of trading whilst insolvent and safeguard your clients’ interests.

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Intellectual Property and Data Protection issues on insolvency Pre-packs Prohibited names Sale and purchase of assets Trading with an insolvent company

Latest Restructuring & Insolvency News

HM Land Registry updates Practice Guides 19, 34, and 50

HM Land Registry updates Practice Guides 19, 34, and 50
Insolvency Service reports suspended sentence for director over £150,000 BBL fraud

Insolvency Service reports suspended sentence for director over £150,000 BBL fraud
Restructuring & Insolvency weekly highlights—12 June 2025

Restructuring & Insolvency weekly highlights—12 June 2025

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—12 June 2025

Council endorses Directive to harmonise EU insolvency laws and enhance cross-border investment

Council endorses Directive to harmonise EU insolvency laws and enhance cross-border investment

Featured Restructuring & Insolvency content

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidator

Role, powers, functions and duties of a liquidatorThe role and function of a liquidatorA liquidator is the officer appointed when a company goes into...

Bonds and notes

Bonds and notes

Bonds and notesThe terms ‘bonds’ and ‘notes’ are used interchangeably (and there is no legal difference between the terms), though notes tend to be...

Bankruptcy searches

Bankruptcy searches

Bankruptcy searchesBankruptcy searches at the Land Charges DepartmentWhen a bankruptcy petition is presented by a creditor, the court shall as soon as...

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

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...

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...
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30th May
Practice notes

How to serve a demand for payment

How to serve a demand for paymentA demand for payment is a formal demand made in accordance with the contractual requirements underpinning the...
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Produced in partnership with James Hannant of Guildhall Chambers
2nd Jun
Practice notes

Receivership—an introductory guide

Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...
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30th May
Practice notes

Debt for equity swaps

Debt for equity swapsA popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in...
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30th May
Practice notes

Challenging an individual voluntary arrangement (IVA)

Challenging an individual voluntary arrangement (IVA)Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act...
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Produced in partnership with James Hannant of Guildhall Chambers
30th 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...
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30th May
Practice notes

What is a statutory declaration of solvency and what happens if a false declaration of solvency is made?

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeCoronavirus (COVID-19)This content is affected...
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30th May
Practice notes

Bankruptcy petitions—process and procedure post-presentation of the petition

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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30th May
Practice notes

Role, powers, functions and duties of an administrator

Role, powers, functions and duties of an administratorThe role, powers and duties of an appointed administrator are set out in the Insolvency Act 1986...
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30th May
Practice notes

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

Effect on proceedings against a company being wound up and after a winding-up order is madeThis Practice Note sets out guidance as to what happens...
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Produced in partnership with Karl Anderson of 4 Stone Buildings
2nd Jun
Practice notes

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...
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2nd Jun
Practice notes

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

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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30th May
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Practice notes

Role, powers, functions and duties of a trustee in bankruptcy

Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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30th May
Practice notes

Administration expenses

Administration expensesThis Practice Note provides an overview of what amounts to an administration expense and discusses key case law.Expenses of an...
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Produced in partnership with Jamil Mustafa of South Square Chambers
30th May
Q&As

What are COMI proceedings?

What are COMI proceedings?This Q&A considers the meaning of centre of main interests (COMI) proceedings, a new concept created by the Insolvency...
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30th May
Precedents

Application notice for an application by an insolvency office-holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 to obtain property, information and/or documentation

Application notice for an application by an insolvency office-holder under sections 234, 235, 236, 365 and 366 of the Insolvency Act 1986 to...
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2nd Jun

Popular documents

What is considered onerous property or contracts?

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 property belong to the company or bankrupt which they consider to be onerous. This Practice Note

Priority between loss reliefs in loss making companies

Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a

What is the difference between an appeal and a review?

What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal

If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit