US issues (including Chapter 11)

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Featured Restructuring & Insolvency content

Practice notes
IntroductionThis Practice Note considers the disclosure pilot scheme which applies across the Business and Property Courts as of 1 January 2019. The...
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20th Oct
Practice notes
Welcome to the world of restructuring and insolvencyRestructuring and insolvency covers a variety of different processes and tools designed to achieve...
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15th Oct
Practice notes
This Practice Note discusses:•the effect of an insolvency process on pending court proceedings in which the debtor, bankrupt or insolvent company is a...
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15th Oct
Practice notes
Administration is a procedure designed to give an entity breathing space, with a view to either a rescue or a restructure or to allow for a better...
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15th Oct
Practice notes
The moratorium is at the very heart of the administration process, which is seen as one of the key tools for a company rescue or restructure of the...
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Produced in partnership with Kate Rogers of St Philips Chambers 15th Oct
Practice notes
This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal insolvency. It assumes that the...
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15th Oct
Practice notes
This Practice Note covers the process of disclaimer and the steps to be taken to disclaim. For guidance on what disclaimer is and what can be...
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Produced in partnership with Robert Hantusch of Three Stone 15th Oct
Practice notes
This Practice Note sets out guidance as to what happens when:•proceedings have been commenced against a company and a winding-up petition is presented...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 15th Oct
Practice notes
What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...
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13th Oct
Practice notes
The order of distribution of a company’s assets in administration is found in the Insolvency Act 1986 (IA 1986) and the Insolvency (England and Wales)...
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Produced in partnership with Robert Avis of XXIV Old Buildings 12th Oct
Practice notes
LiquidationThe order of distribution in liquidation, following the realisation of security by secured creditors (other than those with floating...
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Produced in partnership with South Square 12th Oct
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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5th Oct
Practice notes
Definition of property and some general principlesProperty is defined very widely in section 436 of the Insolvency Act 1986 (IA 1986), and includes...
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26th Sep
Practice notes
It is a long-established principle that winding-up proceedings should not be commenced where the petition debt is genuinely disputed on substantial...
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26th Sep
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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25th Sep
Practice notes
One of the main functions of the trustee in bankruptcy (trustee) is, in accordance with section 305(2) of the Insolvency Act 1986 (IA 1986), to get...
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25th Sep

Most recent US issues (including Chapter 11) content

Practice notes
What is a pre-pack?A pre-pack is a type of chapter 11 bankruptcy case where the debtor formulates, negotiates and solicits votes on a plan of...
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25th Sep
Practice notes
Overview of avoidance actionsThe US Bankruptcy Code provides a debtor with rights to avoid certain transfers of property made by the debtor to third...
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25th Sep
Practice notes
The Hiring Incentives to Restore Employment Act (the HIRE Act) include provisions that give the US Internal Revenue Service (the IRS) administrative...
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25th Sep
Practice notes
Overview of bankruptcy distribution prioritiesA chapter 11 debtor’s confirmed plan of reorganisation sets out the payments or distributions, if any,...
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25th Sep
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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25th Sep
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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25th Sep
Practice notes
Chapter 7 purposeThe purpose of chapter 7 of the US Bankruptcy Code is prompt liquidation of a debtor company’s assets. Unlike chapter 11, which is...
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26th Sep
Precedents
Common chapter 11 phasesAs shown below, the timing and phases of chapter 11 reorganisations vary depending on whether the filing is a conventional,...
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26th Sep
Q&As
STOP PRESS: From 6 April 2017, the Insolvency Rules 1986, SI 1986/1925 were revoked and replaced by the Insolvency (England and Wales) Rules 2016 (IR...
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28th Sep
Practice notes
This tax 'tracker' tool displays the current status of both US FATCA and UK FATCA intergovernmental agreements (IGA).The tracker is split into five...
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2nd Oct
Practice notes
On 27 March 2020, the President signed the CARES Act into law. The CARES Act is a stimulus package designed to address the impact of the novel...
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15th Oct
Practice notes
Coronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at our Coronavirus (COVID-19)...
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Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP 15th Oct
Practice notes
Where a case may be commencedA chapter 11 case may be commenced in the district court for the district in which the domicile, residence, principal...
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Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP 15th Oct
Practice notes
Definition and purposeSubstantive consolidation is an equitable remedy which may be exercised by a bankruptcy court to combine the assets and...
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Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP 15th Oct
Practice notes
On 27 March 2020, the president signed the CARES Act into law. The CARES Act is a stimulus package designed to address the impact of the novel...
Read More >
15th Oct

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