Insolvency trading issues

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 Insolvency trading issues content

Precedents
Application notice Insolvency Act 1986 s 216APPLICATION NOTICEForm IAARule 1.35 of the Insolvency (England and Wales) Rules 2016Court Reference No....
Read More >
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...
Read More >
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...
Read More >
10th 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
Practice notes
Protecting intellectual property rights in order to minimise risk on insolvencyContentThis Practice Note considers how the rights of stakeholders in...
Read More >
Produced in partnership with Naomi Leach and Maurane van der Stoep of Stephenson Harwood LLP 10th Aug
Practice notes
IP right comparison tableThis Practice Note compares patents, supplementary protection certificates (SPCs), trade secrets, copyright, database rights,...
Read More >
9th 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
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...
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
Q&As
Are there any specific points for consideration when a company is purchasing land from a company that itself purchased from a company in...
Read More >
31st Jul
Practice notes
IP issues to consider in asset purchase contractsThis Practice Note focuses on the intellectual property (IP) rights aspects of asset purchase...
Read More >
31st Jul
Q&As
If a company in administration has sold its assets and business to the directors of that company, do they have any right as directors to know who were...
Read More >
Produced in partnership with Caroline Clark 31st Jul
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
Guide to insolvency in the UK oil and gas industryIntroduction to common participants in the marketThe oil and gas industry is a significant...
Read More >
Produced in partnership with Emma Riddle of partner at CMS 31st Jul
Practice notes
R&I spotlight on gangmasters lawThe gangmasters regime protects workers from exploitation by operating a licensing system...
Read More >
Produced in partnership with Patrick Cook & Huw Cooke of Burges Salmon LLP 31st Jul
Practice notes
Insolvency in the food industrySector trends, composition and challengesThe number of insolvencies in the food industry is increasing. The increase...
Read More >
Produced in partnership with Paul Caldicott 31st Jul

Popular documents