Comparison of processes

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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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19th May
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes
Cashflow and balance sheet tests for insolvencyIntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and...
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Produced in partnership with South Square Chambers 19th May
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
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
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
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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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
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
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
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Comparison of processes content

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 31st Jul
Practice notes
Harmonising insolvencies and restructurings across EuropeWhy harmonisation is neededThe divergence between Member States' laws has an impact on: •the...
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31st Jul
Practice notes
Australia—outline of restructuring and its pros and consWhat is restructuring?Part 5.3B of the Corporations Act 2001 (Cth) (entitled Restructuring of...
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Produced in partnership with LexisNexis® Australia 30th Jul
Practice notes
Canada—The public policy exception (foreign insolvency proceedings)The public policy exceptionRecognition of a foreign proceeding can have the effect...
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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 30th Jul
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 30th Jul
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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30th Jul
Practice notes
Bermuda—introduction to insolvency and restructuring law and practice: part twoWinding-up rules in BermudaThe rules and precedent forms relating to...
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Produced in partnership with Alex Potts QC of Conyers 30th Jul
Practice notes
Table of priorities of creditors by country worldwidePriorities of creditorsOn an insolvency, most countries have rules governing the order in which...
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30th Jul
Practice notes
European directors' duties in the zone of insolvencyApplicable law for directors' dutiesIn cases where the Regulation (EU) 2015/848 (OJ L141 5.6.2015...
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30th Jul
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 30th Jul
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 30th Jul
Practice notes
Table of advantages and disadvantages of restructuring in various jurisdictions worldwideRationaleIn any cross-border case involving a formal...
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30th Jul
Practice notes
List of available cross-border insolvency and restructuring tools by country worldwideFrom IP completion day (11pm on 31 December 2020), despite the...
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30th Jul
Practice notes
Australia—temporary relief—insolvent trading and statutory demandsTemporary relief while company waits to access the restructuringTemporary insolvent...
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Produced in partnership with LexisNexis® Australia 30th Jul

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