EC Regulation on Insolvency (archived)

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Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...
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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Practice notes
This Practice Note covers receivers who are appointed by the court, including the circumstances in which a court will appoint a receiver and who may...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 12th Jan
Practice notes
This Practice Note looks at equitable accounting, what it is, how and when it applies. It does not look at how the trustee in bankruptcy (trustee)...
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9th Nov
Practice notes
This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...
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9th Nov
Practice notes
DisclaimerUnder sections 178 and 315 of the Insolvency Act 1986 (IA 1986), a liquidator or a trustee in bankruptcy (trustee) has the power to disclaim...
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9th Nov
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 12th Jan
Practice notes
The Insolvency (England and Wales) Rules 2016, SI 2016/1024 (IR 2016) provide for a revised scheme for decision making in insolvency from 6 April...
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Produced in partnership with Richard Bowles 12th Jan
Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...
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9th Nov
Practice notes
The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...
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9th Nov
Practice notes
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...
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Produced in partnership with Robert Smailes of Leonard Curtis Business Solutions Group & Simon Hunter of Three Stone 12th Jan
Practice notes
STOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on a temporary basis (presently until 31 December 2020) impose...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 12th Jan
Practice notes
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...
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9th Nov

Most recent EC Regulation on Insolvency (archived) content

Practice notes
Brussels I (recast)—application and exclusionsThis Practice Note considers Regulation (EU) 1215/2012, Brussels I (recast) and what matters it will be...
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15th May
Practice notes
Brussels I—application [Archived]ARCHIVED: This Practice Note explains how Brussels I applies. It sets out transitional arrangements, international...
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15th May
Practice notes
How creditors lodge claims under the EC Regulation on Insolvency [Archived]Warning: This Practice Note reflects the law as at 25 June 2017. It will...
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15th May
Practice notes
Main proceedings, secondary and territorial proceedings under the EC Regulation on insolvency [Archived]Warning:This Practice Note reflects the...
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15th May
Practice notes
List of EU member states and official languages for R&I lawyers [Archived]From IP completion day onwards, this document is archived and is no longer...
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15th May
Practice notes
Which law applies under the EC Regulation on Insolvency [Archived]WarningThis Practice Note reflects the position maintained up to 25 June 2017 before...
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15th May
Practice notes
Allocating jurisdiction in cross-border insolvency cases [Archived]From IP completion day onwards, this document is archived and is no longer...
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Produced in partnership with Skadden 15th May
Practice notes
Which jurisdiction in restructuring and insolvency cases? [Archived]From IP completion day onwards, this document is archived and no longer...
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15th May
Practice notes
Hotchpot (or the equality rule) for insolvency lawyersHotchpot rule of domestic English lawThe hotchpot rule has been a well-established part of...
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15th May
Practice notes
Table of differences between main and secondary proceedings [Archived]WarningThis Practice Note reflects the position maintained up to 25 June 2017...
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15th May
Practice notes
The proper law doctrine for R&I lawyersThe proper law doctrine provides that the discharge of a debt may only properly be determined by the governing...
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15th May
Practice notes
Effect of cross-border recognition under the EC Regulation on Insolvency [Archived]WarningThis Practice Note reflects the position maintained up to 25...
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15th May
Practice notes
Table comparing application and effect of cross-border insolvency tools [Archived]WarningThis Practice Note reflects the position maintained up to 25...
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15th May
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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15th May
Practice notes
Establishing Centre of Main Interests (COMI) under the EC Regulation on insolvency [Archived]WarningThis Practice Note reflects the position...
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15th May
Practice notes
The transfer of assets between different jurisdictions under the Cross-Border Insolvency Regulations 2006, section 426 of the Insolvency Act 1986, and...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers and Philip Hinks of 3 Verulam Buildings 15th May
Practice notes
Table comparing EC Regulation on Insolvency and UNCITRAL Model law on insolvency [Archived]WarningThis Practice Note reflects the position maintained...
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15th May
Q&As
BackgroundSubstantial reforms were made to the Regulation (EC) 1346/2000 on insolvency proceedings (the original regulation) under the Regulation (EU)...
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15th Feb
Q&As
Does the EC Regulation on Insolvency Proceedings apply?You should check whether the EC Regulation on Insolvency Proceedings applies see: Practice...
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15th Feb
Practice notes
ARCHIVED:The UK's departure from the EU means that it is no longer possible for the UK court’s to make a reference to the Court of Justice. References...
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13th Feb

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