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Latest Restructuring & Insolvency News

Questions around the proposed arbitration process for coronavirus rent arrears

Questions around the proposed arbitration process for coronavirus rent arrears

The following Banking & Finance news provides comprehensive and up to date legal information on Questions around the proposed arbitration process for coronavirus rent arrears

South Square Digest—July 2021

South Square Digest—July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on South Square Digest—July 2021

Restructuring & Insolvency weekly highlights—22 July 2021

Restructuring & Insolvency weekly highlights—22 July 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—22 July 2021

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on INSOL Europe/LexisPSL Joint Project on ‘How EU Member States recognise insolvency/restructuring proceedings commenced in third country states’—Hungary

Featured Restructuring & Insolvency content

What do insolvency searches at The Gazette reveal?

What do insolvency searches at The Gazette reveal?

What do insolvency searches at The Gazette reveal?What is The Gazette?The Gazette provides a permanent official public record of important statutory...

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016The primary...

The Loan Market Association

The Loan Market Association

The Loan Market AssociationAims of the Loan Market AssociationThe Loan Market Association (LMA) was established in 1996 as a trade body with a key...

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is madeStatutory declaration of solvencyA company...

Practice notes

Insolvency searches for companies at the Central Registry

Insolvency searches for companies at the Central RegistryWhat is the Central Registry of Winding-up Petitions?The Central Registry of Winding-up...
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Produced in partnership with Stephen Allinson 19th May
Practice notes

Recapitalisations

RecapitalisationsThe term 'recapitalisation' refers to a company changing the proportions of its debt and equity, something which can be achieved in a...
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Produced in partnership with Alice Morgan of Sidley Austin LLP 19th May
Practice notes

Key elements of a standstill agreement

Key elements of a standstill agreementWhen restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of...
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19th May
Practice notes

Role, powers, functions and duties of a trustee in bankruptcy

Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes

Marshalling debt

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 insolvency

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 situation

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 liquidator

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

Court-appointed receivers—when a court will appoint a receiver and who may be appointed

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

Practice Direction on Insolvency Proceedings

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
Q&As

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which each creditor is likely to receive has been set aside, not that the secured creditor(s) have been or will be paid in full. Where an administrator is pursuing office-holder claims—such that any recoveries will not be caught by any security—can the administrator convert the administration to a creditors’ voluntary liquidation where secured creditors will not be paid in full or at all? The consent of secured and other creditors to extend the administration has not been forthcoming.

The wording of paragraph 83 of Schedule B1 to the Insolvency Act 1986 suggests that an administrator only needs to think that the total amount which...
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Produced in partnership with Caroline Clark 19th May
Practice notes

Effect on proceedings against a company being wound up and after a winding-up order is made

Effect on proceedings against a company being wound up and after a winding-up order is madeCoronavirus (COVID-19)This content contains guidance on...
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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 proceedings

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
tag iconCOVID-19
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, can a director be held personally liable?

Can a claim be made against a company for trading whilst insolvent? If the company is conducting litigation, does this constitute ‘trading’? If so,...
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19th May
Practice notes

Compulsory winding up of a company—the process and procedure

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

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016

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
tag iconIn-house

Most recent Current issues and legal reforms content

Precedents

COVID-19 Standard Conditions for Company Voluntary Arrangements

COVID-19 Standard Conditions for Company Voluntary ArrangementsPart 1: Interpretation1Miscellaneous definitions1.1In the Arrangement, except where the...
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23rd Jul
tag iconCOVID-19
Precedents

R3 Standard Form COVID-19 CVA Proposal

R3 Standard Form COVID-19 CVA ProposalIN THE MATTER OF [INSERT COMPANY NAME] (‘THE COMPANY’)IN THE MATTER OF THE INSOLVENCY ACT...
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23rd Jul
tag iconCOVID-19
Practice notes

Reform of UK insolvency laws

Reform of UK insolvency lawsBackgroundThe coronavirus (COVID-19) crisis has had a significant impact on businesses around the world, putting many at...
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21st Jul
tag iconCOVID-19
Practice notes

LIBOR transition

LIBOR transitionThis Practice Note provides:•information on the background to the transition away from London Interbank Offered Rate (LIBOR) and other...
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16th Jul
tag iconIn-house
Practice notes

UNCITRAL text on obligations of directors of enterprise group companies in the period approaching insolvency

UNCITRAL text on obligations of directors of enterprise group companies in the period approaching insolvencyCORONAVIRUS (COVID-19)This content is...
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14th Jul
Practice notes

UNCITRAL Model law on enterprise group insolvency

UNCITRAL Model law on enterprise group insolvencyUNCITRAL Model Law on enterprise groups: current statusThe UNCITRAL Model Law on enterprise groups...
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14th Jul
Practice notes

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021)

The Temporary Insolvency Practice Direction Supporting the Insolvency Practice Direction (June 2021)Background to the Temporary Insolvency Practice...
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13th Jul
tag iconCOVID-19
Practice notes

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administration

Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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12th Jul
Practice notes

Corporate Insolvency and Governance Act 2020—restructuring plan provisions

Corporate Insolvency and Governance Act 2020—restructuring plan provisionsSpurred on by the coronavirus (COVID-19) pandemic, the government pushed...
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12th Jul
tag iconCOVID-19
Practice notes

Brexit—impact on insolvent insurers

Brexit—impact on insolvent insurersStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance...
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9th Jul
tag iconBrexit
Practice notes

Brexit—impact on insolvent credit institutions

Brexit—impact on insolvent credit institutionsStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in...
Read More >
9th Jul
tag iconBrexit
Practice notes

Practice Direction on Insolvency Proceedings

Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
Read More >
9th Jul
Practice notes

The Corporate Insolvency and Governance Act 2020, the increase in the prescribed part and reintroduction of Crown preference—key issues and discussion points for lenders

The Corporate Insolvency and Governance Act 2020, the increase in the prescribed part and reintroduction of Crown preference—key issues and discussion...
Read More >
8th Jul
tag iconCOVID-19
Practice notes

Corporate Insolvency and Governance Act 2020—restrictions on ipso facto clauses

Corporate Insolvency and Governance Act 2020—restrictions on ipso facto clausesBackground to the Corporate Insolvency and Governance Act 2020 (CIGA...
Read More >
8th Jul
tag iconCOVID-19
Practice notes

Brexit—impact on schemes of arrangement

Brexit—impact on schemes of arrangementStatus of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance...
Read More >
8th Jul
tag iconBrexit
Practice notes

Current issues and legal reforms for restructuring and insolvency professionals

Current issues and legal reforms for restructuring and insolvency professionalsThis Practice Note discusses current issues and legal reforms (with...
Read More >
8th Jul
Practice notes

Brexit—impact on restructuring plans

Brexit—impact on restructuring plans Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance...
Read More >
7th Jul
tag iconBrexit
Practice notes

Brexit SI tracker for R&I practitioners

Brexit SI tracker for R&I practitionersThis tracker is designed to assist R&I practitioners keep up-to-date with forthcoming legislation which will...
Read More >
7th Jul
tag iconBrexit
Practice notes

What does IP completion day mean for R&I?

What does IP completion day mean for R&I?During the implementation period/transitional period, the key EU regulations effectively remained in place...
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7th Jul
tag iconBrexit
Practice notes

Table showing impact of Brexit on jurisdiction to commence insolvency/restructuring proceedings and obtain recognition in other EU Member States

Table showing impact of Brexit on jurisdiction to commence insolvency/restructuring proceedings and obtain recognition in other EU Member StatesKey...
Read More >
7th Jul
tag iconBrexit

Popular documents

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)

Multilateral Trading Facilities (MTFs)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshot

United Nations Convention on the Law of the Sea (UNCLOS)—snapshotTitleUnited Nations Convention on the Law of the Sea (UNCLOS)Parties168Adopted10 December 1982Entry into Force16 November 1994Full textUnited Nations Convention on the Law of the SeaSubject [Catchwords]International Law of the

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?

Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to

Proprietary estoppel

Proprietary estoppel

Proprietary estoppelThis Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice