Trading with an insolvent company

View Restructuring & Insolvency by content type:

Latest Restructuring & Insolvency News

Featured Restructuring & Insolvency content

Practice notes
A popular restructuring method is a debt for equity swap; financial creditors receive equity in the restructured vehicle in return for reducing or...
Read More >
9th Nov
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
Read More >
Produced in partnership with Richard Bowles 12th Jan
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
Read More >
Produced in partnership with South Square 12th Jan
Practice notes
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...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
9th Nov
Practice notes
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)...
Read More >
9th Nov
Practice notes
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...
Read More >
Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
Read More >
Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
Read More >
9th Nov
Practice notes
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...
Read More >
9th Nov
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
Read More >
Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
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....
Read More >
9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
Read More >
Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
Read More >
Produced in partnership with South Square and BDO LLP 12th Jan

Most recent Trading with an insolvent company content

Practice notes
This note gives guidance as to requirement of professional advisors to deliver up the books and records of a company in liquidation or a bankrupt to...
Read More >
Produced in partnership with Christopher Brockman of Enterprise Chambers 9th Apr
Practice notes
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...
Read More >
9th Apr
Practice notes
STOP PRESS: The Corporate Insolvency and Governance Act (CIGA 2020) is in force from 26 June 2020. The government has legislated to temporarily...
Read More >
9th Apr
Practice notes
BackgroundThis Practice Note gives some guidance on trading with a company that is in a formal insolvency process, such as administration or...
Read More >
9th Apr
Practice notes
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...
Read More >
9th Apr
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
Read More >
Produced in partnership with Kate Rogers of St Philips Chambers 9th Apr
Practice notes
This Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to goods, and sets out the consumer’s statutory rights under the...
Read More >
8th Apr
Practice notes
The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the...
Read More >
Produced in partnership with Kate Rogers of St Philips Chambers 8th Apr
Practice notes
What is a guarantee?A guarantee is an agreement between one person/entity (the guarantor) and another person/entity (the creditor), whereby the...
Read More >
8th Apr
Practice notes
Unlawful payments—general positionWhen a company enters into liquidation or administration, certain transactions entered into by the company prior to...
Read More >
6th Apr
Practice notes
In the initial stages of distress, the lending group or creditors' committee may request that an independent chief restructuring officer (CRO) is...
Read More >
6th Apr
Practice notes
This Practice Note covers:•what a proof of debt is•the procedure for proving a debt, and•valuation/quantification of the debtThe rules applicable to...
Read More >
Produced in partnership with South Square Chambers 5th Mar
Practice notes
BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the...
Read More >
Produced in partnership with Thomas Evans, Barrister of Henderson Chambers 1st Mar
Practice notes
This Practice Note considers retention of title clauses, also known as reservation of title, ROT or Romalpa clauses. It considers the uses and...
Read More >
1st Mar
Practice notes
Although suppliers are generally unsecured creditors (unless they establish a valid retention of title (ROT) claim) they may be key to a successful...
Read More >
Produced in partnership with Tom Shepherd of 4 New Square 26th Feb
Q&As
Powers of an administratorThe administrator's powers are the same no matter how they are appointed. They are very wide as an administrator may do...
Read More >
15th Feb
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR...
Read More >
15th Feb
Q&As
Privity of contract'Privity of contract' is a common law doctrine, which provides that you cannot either enforce the benefit of, or be liable for any...
Read More >
3rd Feb
Q&As
This Q&A refers to a retention of title (ROT) clause in a business-to-business contract for the supply of goods.At its simplest, an ROT clause allows...
Read More >
6th Dec
Q&As
For the purposes of this Q&A we have assumed that the contract does not expressly provide for termination on an insolvency event.A contract may be...
Read More >
29th Nov

Popular documents