Sale and purchase of assets

View Restructuring & Insolvency by content type:

News

Practice notes

Precedents

Q&As

Latest Restructuring & Insolvency News

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The following Dispute Resolution news provides comprehensive and up to date legal information on Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

Restructuring & Insolvency weekly highlights—15 April 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—15 April 2021

Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

The following Banking & Finance news provides comprehensive and up to date legal information on Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

Featured Restructuring & Insolvency content

Key elements of a standstill agreement

When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...

Effect of equitable, contractual and structural subordination

Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...

Debt for equity swaps

A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...

US ipso facto clauses

Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...

Practice notes

Winding-up and administration searches for companies at the Central Registry

STOP PRESS: This Practice Note is being updated for the Corporate Insolvency and Governance Act 2020 (CIGA 2020), which introduces a new insolvency...

Produced in partnership with Stephen Allinson 12th Jan

Practice notes

Cashflow and balance sheet tests for insolvency

IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...

Produced in partnership with South Square 12th Jan

Practice notes

Covenant waivers and resets

One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...

9th Nov

Practice notes

Role, powers, functions and duties of a liquidator

Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...

9th Nov

Practice notes

Loan to value covenants

This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...

Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan

Practice notes

Effect of a moratorium in a company voluntary arrangement (CVA) on creditors and the company [ARCHIVED]

The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...

Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan

Practice notes

Equitable accounting—how it works in practice

This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...

9th Nov

Practice notes

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

This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...

Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan

Practice notes

How to serve a demand for payment

A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...

Produced in partnership with James Hannant of Guildhall Chambers 12th Jan

Precedents

Certificate of urgency for applications in insolvency proceedings

Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...

9th Nov

Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...

9th Nov

Practice notes

Key features of securitisation and asset based lending

BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....

9th Nov

Practice notes

Misfeasance claims under section 212 of the Insolvency Act 1986

What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...

9th Nov

In-house

Practice notes

Avoiding invalid floating charges under section 245 of the Insolvency Act 1986

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

9th Nov

Practice notes

Interim receivers

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

Produced in partnership with South Square and BDO LLP 12th Jan

Practice notes

Out-of-court administration appointments by a QFCH—the procedure

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

9th Nov

Most recent Sale and purchase of assets content

Q&As

What is the status of a deposit paid under a contract upon termination for insolvency?

This Q&A considers a scenario where:•there is a business-to-business commercial contract which is not subject to specific industry or sector...

Produced in partnership with XXIV Old Buildings 16th Apr

Practice notes

Statement of Insolvency Practice (SIP) 16—pre-packaged sales in administration

Stop pressOn 8 October 2020, the Insolvency Service published the outcome of its review conducted into the impact of the voluntary industry measures...

14th Apr

Practice notes

Guide to airline insolvency—international considerations and implications for office-holders

This Practice Note forms part of a set of Practice Notes on airline insolvency, for further information, see Practice Notes:•Guide to airline...

Produced in partnership with Mark Craggs of Norton Rose Fulbright 9th Apr

Practice notes

Guide to insolvency in the construction industry

This Practice Note considers common issues that may arise out of insolvency in the construction industry. It considers the effect and relevance of...

Produced in partnership with Gurbinder Grewal, Ian Fox and Michael Wright of Dentons UK and Middle East LLP 9th Apr

Practice notes

Guide to insolvency in the retail sector

This Practice Note provides a brief summary of the retail landscape and highlights some of the key legal and practical issues facing office-holders...

Produced in partnership with Carolyn Jones 9th Apr

COVID-19

Practice notes

Insolvency in the food industry

Sector trends, composition and challengesThe number of insolvencies in the food industry is increasing. The increase stems from changes in the...

Produced in partnership with Paul Caldicott 9th Apr

COVID-19

Practice notes

Guide to airline insolvency—introduction

Introduction to the airline industryThe purpose of this Practice Note is to provide an overview of some of the key features of airline insolvencies in...

Produced in partnership with Mark Craggs of Norton Rose Fulbright 9th Apr

COVID-19

Practice notes

R&I spotlight on health and safety law

What is the main legislation covering this area?The main legislation concerning health and safety is the Health and Safety at Work etc Act 1974 (HSWA...

Produced in partnership with Jeremy Bark of Bryan Cave Leighton Paisner LLP 9th Apr

Practice notes

R&I spotlight on gangmasters law

The gangmasters regime protects workers from exploitation by operating a licensing system in:•agriculture•horticulture•shellfish gathering and...

Produced in partnership with Patrick Cook & Huw Cooke of Burges Salmon LLP 9th Apr

Practice notes

R&I spotlight on environmental law

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Emma Sadler of Addleshaw Goddard 9th Apr

Practice notes

R&I spotlight on bribery law

Principal legislationThe main legislation governing this area is:•the Bribery Act 2010 (BA 2010)•the Proceeds of Crime Act 2002 (POCA 2002)•the Fraud...

Produced in partnership with Philip Ryan, Hayley Saunders and Aaron Harlow of Shoosmiths LLP 9th Apr

Practice notes

R&I spotlight on immigration

Why is this immigration law relevant to insolvency practitioners and their staff?Legislation applicable generallyIn the first instance, employers have...

Produced in partnership with Pat Saini and Séamas Gray of Penningtons Manches 9th Apr

Practice notes

Trading a company in administration—the office-holder's point of view

Administration can be used for a variety of different reasons, but one of the main advantages is to use the benefit of the moratorium while trying to...

9th Apr

Practice notes

Social media in insolvency and restructuring deals

Insolvency and restructuring professionals have grown up in an environment where they have generally confined communication (both internal and...

Produced in partnership with Nick Hood of Opus Restructuring LLP 9th Apr

Practice notes

Practical aspects of the General Data Protection Regulation for insolvency professionals

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Patrick Elliot of Keystone Law 9th Apr

Practice notes

Taxation in corporate insolvency—the principal issues in outline

Taxation and insolvencyThere are relatively few specific rules governing the UK taxation of companies that are subject to insolvency procedures. The...

Produced in partnership with David L. Irvine, Nathan Langford of Kirkland & Ellis International LLP and Philip Ridgway of Temple Tax Chambers 9th Apr

Practice notes

Warranty and indemnity and contingent risk insurance in distressed M&A transactions

Despite economies around the world receiving unprecedented governmental support in this challenging period, the financial repercussions of the...

9th Apr

Practice notes

Rescue buyouts

What is a rescue buyout?A company or a business in a rescue situation is one that is in potential financial difficulties, either because it finds...

8th Apr

Practice notes

The administrator and charged property

The success of an administration will often depend on the value of the assets available to the company and the administrator's ability to deal with...

Produced in partnership with Tom Shepherd of 4 New Square 8th Apr

Practice notes

What happens to a pension scheme on a company’s insolvency?

This Practice Note considers the effect of a company’s insolvency on an occupational pension scheme in respect of which the company is the sponsoring...

Produced in partnership with Thomas Robinson of Wilberforce Chambers 8th Apr