Insolvency trading issues

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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 Insolvency trading issues content

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...
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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...
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18th 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
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...
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Produced in partnership with South Square Chambers 18th Aug
Practice notes
Guide to insolvency in the construction industryThis Practice Note considers common issues that may arise out of insolvency in the construction...
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Produced in partnership with Gurbinder Grewal of Dentons, Ian Fox of Dentons and Michael Wright of Dentons 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
A creditor’s guide to dealing with a company in financial difficultySTOP PRESS: The Corporate Insolvency and Governance Act (CIGA 2020) is in force...
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18th Aug
Practice notes
The administrator and charged propertyThe success of an administration will often depend on the value of the assets available to the company and the...
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Produced in partnership with Tom Shepherd of 4 New Square 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
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...
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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...
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11th Aug
Practice notes
TUPE—effect of insolvencyThis Practice Note considers how the application of the Transfer of Undertakings (Protection of Employment) Regulations 2006,...
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Produced in partnership with Gowling WLG 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...
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11th Aug
Q&As
Can a customer list/customer contracts be sold other than through an asset purchase agreement?There are no general property rights in data. There is...
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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...
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11th 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

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