Trading with an insolvent company

View Restructuring & Insolvency by content type:

Latest Restructuring & Insolvency News

Featured Restructuring & Insolvency content

Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
Read More >
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...
Read More >
19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
Read More >
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)...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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,...
Read More >
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)...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
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...
Read More >
Produced in partnership with Allan Kelly of RSM 19th May

Most recent Trading with an insolvent company content

Practice notes
Remedies for connected lender liability in consumer creditBREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit...
Read More >
Produced in partnership with Thomas Evans, Barrister of Henderson Chambers 8th Sep
Practice notes
Consumer Rights Act 2015—goodsThis Practice Note considers the Consumer Rights Act 2015 (CRA 2015) as it relates to goods, and sets out the consumer’s...
Read More >
24th Aug
Practice notes
Factors the court will take into account when deciding whether to lift or impose a liquidation stayCoronavirus (COVID-19)This content is affected by...
Read More >
Produced in partnership with Kate Rogers of Radcliffe Chambers 18th Aug
Practice notes
Trading a company in administration—the office-holder's point of viewAdministration can be used for a variety of different reasons, but one of the...
Read More >
18th Aug
Practice notes
Proof of debt—the position under the Insolvency (England and Wales) Rules 2016This Practice Note covers:•what a proof of debt is•the procedure for...
Read More >
Produced in partnership with South Square Chambers 18th Aug
Practice notes
A creditor’s guide to dealing with a company in financial difficultySTOP PRESS: The Corporate Insolvency and Governance Act (CIGA 2020) is in force...
Read More >
18th Aug
Q&As
In many asset sales the apportionment of the business' sale price apportions £1.00 to the business' lease, why is this and how is this apportionment...
Read More >
16th Aug
Practice notes
Retention of titleThis Practice Note considers retention of title clauses, also known as reservation of title, ROT or Romalpa clauses. It considers...
Read More >
11th Aug
Q&As
If a customer of a supplier goes into an insolvency process, is it possible to recover debts owed directly from the customer’s end users? If not, what...
Read More >
11th Aug
Q&As
Can a retention of title over goods be defeated where the goods are not of satisfactory quality?This Q&A refers to a retention of title (ROT) clause...
Read More >
11th Aug
Practice notes
Dealing with suppliers, customers and ROT claimsAlthough suppliers are generally unsecured creditors (unless they establish a valid retention of title...
Read More >
Produced in partnership with Tom Shepherd of 4 New Square 10th Aug
Q&As
Is entry into insolvency an event of frustration for a contract?For the purposes of this Q&A we have assumed that the contract does not expressly...
Read More >
1st Aug
Q&As
Can an administrator reject a retention of title (ROT), and if so, what options are open to the creditor claiming the ROT to challenge that...
Read More >
1st Aug
Practice notes
The moratorium in administrationThe moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company...
Read More >
Produced in partnership with Kate Rogers of Radcliffe Chambers 31st Jul
Practice notes
Unenforceability of liens over books and recordsThis note gives guidance as to requirement of professional advisors to deliver up the books and...
Read More >
Produced in partnership with Chris Brockman of Enterprise Chambers 31st Jul
Practice notes
The effect of insolvency on guaranteesWhat is a guarantee?A guarantee is an agreement between one person/entity (the guarantor) and another...
Read More >
31st Jul
Practice notes
Tips on trading with a company in an insolvent processBackgroundThis Practice Note gives some guidance on trading with a company that is in a formal...
Read More >
31st Jul
Practice notes
What is considered onerous property or contracts?DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee...
Read More >
30th Jul
Practice notes
What are the risks of accepting payment from a company that is likely to enter into a formal insolvency process and what can be done to mitigate those...
Read More >
30th Jul

Popular documents