Comparison of processes

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Practice notes
Statements of Insolvency Practice (SIPs)—a quick guideWhat are Statements of Insolvency Practice?Insolvency practitioners (IPs) are required to comply...
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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
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
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
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
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
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
Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986It is possible for a claim to be brought under section 423 of the...
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19th May
Practice notes
The CVA proposal and procedure—the position under the Insolvency (England and Wales) Rules 2016The company voluntary arrangement (CVA) proposal will...
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Produced in partnership with KPMG and Lexa Hilliard QC of Wilberforce Chambers 19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 19th May
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May

Most recent Comparison of processes content

Practice notes
Bermuda and international insolvenciesIntroductionBermuda has no statutory equivalent of Chapter 15 of the US’s Bankruptcy Code, section 426 of the...
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Produced in partnership with Kennedys, Bermuda 21st Jun
Practice notes
Australia—introduction to receivers, managers and controllersAppointmentA receiver is one who is appointed to a corporation with power to receive...
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Produced in partnership with Peter Kelso, solicitor 5th Jun
Practice notes
Canada—Debtor-In-Possession (DIP) financing under the Companies’ Creditors Arrangement Act 1985OverviewDebtor-in-possession (DIP) financing is a...
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Produced in partnership with Robin Schwill and Dina Milivojevic of Davies Ward Phillips & Vineberg LLP 5th Jun
Practice notes
Benefits of various jurisdictionsBrexit impactAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the...
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5th Jun
Practice notes
South Africa—Cross-border insolvency under the common lawCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For...
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5th Jun
Practice notes
South Africa—Cross-border insolvency under the Cross-Border Insolvency Act 42 of 2000Coronavirus (COVID-19)This content is affected by the coronavirus...
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5th Jun
Practice notes
Australia—international co-operationStatutory provisionsPart 5.6, Division 9 of the Corporations Act 2001 (Cth) (CA 2001) contains provisions...
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Produced in partnership with Peter Kelso, solicitor 5th Jun
Practice notes
Australia—arrangements and reconstructionsScope of provisionsAlthough the provisions of the Corporations Act (CA 2001) relating to arrangements and...
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Produced in partnership with Peter Kelso, solicitor 5th Jun
Practice notes
Canada—foreign main proceeding versus foreign non-main proceedingDetermining whether a foreign proceeding is a ‘foreign main proceeding’ or a ‘foreign...
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Produced in partnership with Kevin McElcheran, Commercial Dispute Resolution, Heather Meredith, McCarthy Tétrault LLP and Kelly Peters, Blake, Cassels & Graydon LLP 5th Jun
Practice notes
Bermuda—setting aside transactions in the zone of insolvencyWhat are reviewable transactions? Payments, transfers of assets, and security transactions...
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Produced in partnership with Kennedys, Bermuda 5th Jun
Practice notes
UNCITRAL text on obligations of directors of enterprise group companies in the period approaching insolvencyCORONAVIRUS (COVID-19)This content is...
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5th Jun
Practice notes
Bermuda—taking security and the rights of secured creditorsVarious ways a creditor can take securityAs in other jurisdictions that follow English...
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Produced in partnership with Kennedys, Bermuda 5th Jun
Practice notes
Bermuda—introduction to insolvency and restructuring law and practice: part oneSources of Bermuda law generallyBermuda is a self-governing British...
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Produced in partnership with Kennedys, Bermuda 5th Jun
Practice notes
Australia—voluntary administrationIntroductionPart 3A of the Corporations Act 2001 (Cth) (CA 2001) was introduced in 1993 to provide for the business,...
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5th Jun
Practice notes
Premier Oil and the use of Schuldschein loans—Deal Debrief [Archived]Premier Oil is one of several companies in the oil & gas sector that has had to...
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Produced in partnership with Katrina Buckley of Allen & Overy LLP 5th Jun
Practice notes
UNCITRAL guidance on directors' obligations in the period approaching insolvencyRationaleIn the wake of the 2008 credit crunch and the increase in...
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5th Jun
Practice notes
Australia—winding upIntroductionThere are three main types of winding up:•winding up by the court, which is in turn divided into:◦winding up in...
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Produced in partnership with Peter Kelso, solicitor 5th Jun
Practice notes
Table of advantages and disadvantages of restructuring in various jurisdictions worldwideRationaleIn any cross-border case involving a formal...
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5th Jun
Practice notes
Ocean Rig restructuring—deal debrief [Archived]In September 2017, the Grand Court of the Cayman Islands (Parker J) sanctioned four separate...
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Produced in partnership with Caroline Moran, Nick Herrod and Christian La-Roda Thomas of Maples and Calder 5th Jun
Practice notes
South Africa—overview of the law of insolvencyCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further...
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5th Jun

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