Pre-packs

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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
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
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
Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Q&As
Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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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
Equitable charges v legal charges—impact on saleabilityThis Practice Note considers the position of a security holder who has an equitable mortgage or...
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Produced in partnership with Jonathan Titmuss of Hardwicke 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
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
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
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

Most recent Pre-packs content

Practice notes
How a director of an insolvent company can use a prohibited name and avoid personal liabilityThe purpose of this Practice Note is to:•describe section...
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26th Aug
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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26th Aug
Precedents
Asset purchase agreement—administration saleDRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and...
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23rd Aug
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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18th Aug
Practice notes
Social media in insolvency and restructuring dealsInsolvency and restructuring professionals have grown up in an environment where they have generally...
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Produced in partnership with Nick Hood of Opus Restructuring LLP 18th Aug
Practice notes
Pre-packs—landlords’ issues and remediesCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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18th Aug
Practice notes
Waterfall of payments—a comparative guideLiquidationThe order of distribution in liquidation, following the realisation of security by fixed charge...
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Produced in partnership with South Square Chambers 18th Aug
Practice notes
Pre-pack administration—connected person salesA pre-pack administration sale is a sale of a company’s business or assets, or both, which has been...
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18th Aug
Precedents
Asset sale agreement—non-going concern saleDRAFTING FOR BREXIT: For the latest information on the impact of Brexit on the drafting, negotiation and...
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10th Aug
Precedents
Licence to occupy property—letter formatTo be typed on [Name of company in administration] Headed paper To:[Insert name(s) and address and company...
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10th Aug
Precedents
Application notice Insolvency Act 1986 s 216APPLICATION NOTICEForm IAARule 1.35 of the Insolvency (England and Wales) Rules 2016Court Reference No....
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10th Aug
Precedents
Deed of surrender (tenant in administration)Date [insert date of surrender]Parties1[insert name of Landlord] [of [insert address] OR incorporated in...
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10th Aug
Precedents
Deed of release: for a debenture or mortgage—company in administrationThis Deed is made on [insert day and month] 20[insert year]Parties1[insert name...
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10th Aug
Q&As
When does the exemption to section 216 under the insolvency rules apply? STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were...
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1st Aug
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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31st Jul
Practice notes
Buying a business from an insolvency practitionerBuying the business and/or assets of a company from an insolvency practitioner (insolvent sale) is...
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31st 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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31st Jul
Practice notes
Rescue buyoutsWhat is a rescue buyout?A company or a business in a rescue situation is one that is in potential financial difficulties, either because...
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30th Jul

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